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WA Contesting a Will within 6 Months of Probate Being Granted?

Discussion in 'Wills and Estate Planning Law Forum' started by Roger Ramjet, 27 May 2014.

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  1. Roger Ramjet

    Roger Ramjet Member

    27 May 2014
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    I understand that in WA if you want to challenge a will you have to do so within 6 months of probate being granted. Is this true?

    If I did decide to challenge a will what is the procedure whereby the executor and any beneficiaries are notified of this action by me? Do I have to do it or does the Supreme Court do it? If contesting a will, am I obliged to notify them by a certain date?
  2. Worldly1

    Worldly1 Well-Known Member

    25 April 2014
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    Hi Roger Ramjet (great avatar name!),
    Have you checked out the Legal Aid WA "Challenging an unfair will" page? It sets out information about challenging a will, including:
    You must apply within six months of the grant of probate of the will or, if the deceased did not leave a will, within six months of the grant of letters of administration. This six month time limit may be extended in some circumstances, but extensions are quite rare. Every effort should be made to apply within the time limit.

    The WA Public Trustee page confirms the same and also says "it is the usual practice of the court to join the beneficiaries as parties to the action. They are then given the opportunity to oppose the claim".

    I hope that information is helpful. Because it can be a difficult process, perhaps let us know if you'd like a referral to a lawyer who you could engage to advise you and help challenge the will.

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