Inheritance is a topic most of us would rather not think or talk about, and remains consistently avoided. Then someone we love passes, and the questions arrive all at once – usually at the worst possible time.
Here in Western Australia, a lot of what people believe about their inheritance rights, or the inheritance they themselves leave behind, just simply isn’t true. Some of it is old law. Some of it is hearsay passed around the family. And some of it is wishful thinking dressed up as fact.
These misunderstandings matter. They can stop someone claiming what’s rightfully theirs or push a grieving family into conflict that never needed to happen.
Let’s set the record straight. Here are the most common myths about inheritance rights we see in WA, and what the law actually says.
- A Will isn’t always the final word eligible people can make a family provision claim in WA.
- Adult children, spouses, and in some cases, stepchildren and grandchildren can all be eligible to claim.
- Dying without a Will doesn’t mean everything goes to the surviving partner – WA’s rules of intestacy apply and they might surprise you.
- Most disputes are resolved at mediation, not in a courtroom.
Common myths about inheritance rights, cleared up
Myth 1: “A Will is the final word”
A Will carries real weight, but it isn’t beyond question.
Under the Family Provision Act 1972 (WA), eligible people who’ve been left without adequate provision can ask the Court for a greater share. So while a Will sets out someone’s wishes, the law still allows those wishes to be tested when they leave an eligible person without proper support.
Myth 2: “They can’t make a claim”
Families look different these days, and the law recognises more of them than most people expect.
In WA, children are eligible to claim regardless of their age. That said, an adult child’s claim is weighed on its merits — the relationship with the deceased, financial need, and the size of the estate are all factors. A long estrangement can also weaken a claim, but it doesn’t automatically end it.
De facto partners are also eligible to claim in WA, the same as married spouses. Stepchildren and grandchildren can be eligible too, in certain circumstances. If you’re unsure whether you qualify, it’s worth checking rather than guessing.
Myth 3: “If there’s no Will, everything goes to the spouse”
Not quite.
When someone dies without a valid Will – known as dying intestate – their estate is divided under a set formula under the Administration Act 1903 (WA). It’s often shared between the surviving spouse or de facto partner and the children, not left entirely to one person.
We regularly see families caught off guard by this. A partner assumes they’ll inherit the home outright, only to learn the estate must be split. Sorting out an estate without a Will is rarely simple, which is where careful estate planning makes all the difference.
Myth 4: “The Court will have to decide”
Contesting a Will doesn’t have to mean a drawn-out courtroom battle. Most claims are resolved through negotiation and mediation, well away from a trial. The goal is a fair outcome, not a fight – and there’s often a calmer path through than people expect.
Get our ultimate FAQ guide on all things inheritance, Wills, estates and succession.
Where this leaves you
Inheritance rights in WA are broader than the myths suggest. Being left out doesn’t mean you’re without options. Having a Will doesn’t make it untouchable. And a quiet assumption about “how these things work” can cost a family dearly.
If something about an estate feels unfair or unclear, get proper advice early, before assumptions harden into decisions you can’t undo. Getting your own affairs in order through sound estate planning matters just as much, so the people you love aren’t left untangling the mess later.
Whether you’re considering a claim, defending a loved one’s wishes, or simply want to understand your position, our inheritance law specialists can guide you through it with clarity and a steady hand.
Speak with our specialists to find out where you stand.
Frequently asked questions
Who can contest a Will in WA?
Eligible people include a spouse or de facto partner, a former spouse entitled to maintenance, children (of any age), and — in certain circumstances – stepchildren, grandchildren, and parents. Nieces and nephews are not eligible to claim in WA.
How long do I have to make an inheritance claim in WA?
Generally, 6 months from the date probate or letters of administration are granted — not from the date of death. The Court can extend this in limited circumstances, but you shouldn’t count on it. If you think you may have a claim, seek advice quickly.
Can I challenge a Will as an adult child?
Yes. Age doesn’t disqualify you. The Court looks at a number of factors including your relationship with the deceased, your financial circumstances, and the estate as a whole when deciding whether adequate provision was made.
Does contesting a Will always go to court?
No. Most family provision claims in WA are resolved through negotiation or mediation, without ever reaching a courtroom.
Dealing with an inheritance dispute, estate administration or probate matter?
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