Contesting a will in WA

Updated 20 August 2026 · 6 minute read

In Western Australia, contesting a will almost always means a family provision claim — asking the Supreme Court of Western Australia for a larger share because the will (or intestacy) didn't adequately provide for you. Two questions decide most claims before any argument starts: are you eligible, and are you in time?

Who can claim in WA

• Spouse or de facto partner
• Children
• A former spouse receiving or entitled to maintenance
• Grandchildren and stepchildren, in defined circumstances (dependence or a deceased parent-link)

What the court weighs

• Your financial position and needs — the engine of most successful claims
• The size of the estate and competing claims on it
• The relationship, and contributions to the deceased's assets or care
• Conduct and estrangement — relevant, rarely decisive on its own
• Provision already made during the deceased's lifetime

If you're the executor

Don't distribute inside the window — an executor who does can be personally liable to a successful claimant. Hold, take advice, and document the timeline. The broader duties are in executor duties.