Quick summary:
- Inheritance disputes are more common than most people expect – 60% of Western Australians anticipate one in their family
- They can take the form of a family provision claim, a challenge to the Will’s validity, or a broader dispute about how the estate is administered
- The most common triggers are unequal distribution, blended families, estrangement, broken promises, and outdated Wills
- Around 87% of disputes resolve before trial – mediation is the primary path to resolution
- The consequences go beyond legal costs: relationships, emotional wellbeing, and family history are all at stake
- Careful estate planning is the most effective way to reduce the risk of a dispute arising in the first place
Most people who find themselves in an inheritance dispute never expected to be there. Loss is disorienting enough. When money and family dynamics enter the picture at the same time, the situation can feel overwhelming, and the decisions made in those early weeks matter enormously.
According to Solomon Hollett Lawyers’ 2025 Inheritance State of Play in WA Report, 60% of Western Australians expect an inheritance dispute within their family. Most are triggered by estrangement, second marriages, or disagreements over the family home.
This guide covers everything you need to understand about inheritance disputes; what they are, why they arise, the different types, who gets involved, how they are typically resolved, and the real consequences for families when things go wrong.
If you are already in a dispute or suspect one is coming, this is where to start.
What is an inheritance dispute?
An inheritance dispute is a legal conflict that arises over the distribution of a deceased person’s estate. It may involve a challenge to the validity of the Will itself, a claim for greater provision from the estate, or a disagreement about how the estate is being administered.
Inheritance disputes sit at the intersection of law and deeply personal relationships. They often involve grief, long-held resentments, financial pressure, and competing interpretations of what the deceased intended. The law provides a framework for resolution, but the emotional stakes are rarely straightforward.
In Western Australia all inheritance disputes are heard in the Supreme Court of Western Australia.
Read more: The rise and rise of inheritance claims.
Why do inheritance disputes arise?
No two disputes are identical. But most share a common thread: something about the estate feels unfair, unclear, or inconsistent with what someone was led to expect.
The most common causes we see include:
Unequal distribution between family members
A parent leaves more to one child than another, sometimes for reasons that made sense to them, but were never explained. Without context, unequal gifts can feel like a rejection.
They frequently generate Family Provision Act claims.
Blended families
When second marriages are involved, the interests of a surviving spouse and children from a previous relationship can directly conflict. Step-parents, step-children, and de facto partners all carry potential legal entitlements that may not have been accounted for in the Will.
Read more: Complex family structures and dynamics.
Estrangement
A family member who has been out of contact for years may still have legal standing to make a claim, particularly if they can demonstrate financial need or a prior relationship of dependency.
Read more: is an estranged child entitled to my inheritance?
Broken promises
Verbal assurances made during a person’s lifetime – “the farm will be yours”, “you’ll be looked after” – do not automatically translate into legally binding directions.
When the Will says something different, the person who relied on those promises may have grounds for action.
Concerns about the Will’s validity
If a Will was made under extreme pressure, when the deceased lacked capacity, or in circumstances that suggest someone exerted undue influence, the Will’s validity itself may be challengeable in court.
Read more: What can make a Will invalid?
Poor or outdated estate planning
Many disputes arise simply because the deceased had an old Will, no Will at all, or a Will that failed to account for significant changes in their circumstances. Without clear, current instructions, conflict is far more likely.
Unequal treatment of previous gifts
Where one beneficiary received significant financial assistance during the deceased’s lifetime and others did not, questions of fairness inevitably arise, especially if the Will does not account for those prior gifts.
The difference between a claim, a challenge, and a dispute
These terms are often used interchangeably, but they mean different things in inheritance law. Understanding the distinction matters.
What is a claim?
A claim typically refers to a family provision claim, being an application to the Supreme Court by an eligible person who believes the Will failed to make adequate and proper provision for their maintenance, education, support, or advancement in life.
A successful claim does not invalidate the Will. It simply results in the court ordering additional provision from the estate to the claimant.
Read about what makes a Will invalid.
What is a challenge?
A challenge often refers to a direct contest about the Will’s validity. Grounds for contesting a Will include lack of testamentary capacity (the deceased did not understand what they were doing), undue influence (someone else controlled the decision), fraud, or improper execution. If a challenge succeeds, the Will may be set aside entirely, and an earlier Will or the rules of intestacy may govern how the estate is distributed.
What is a dispute?
A dispute is the broader term that covers any contested inheritance matter, including claims, challenges, trust disputes, executor disputes, and disagreements about how an estate is being administered.
Many inheritance disputes in WA are family provision claims which follow a set pathway. But the right course of action depends on the specific circumstances, and early legal advice is essential to chart the right path.
Who typically becomes involved?
Inheritance disputes draw in a wider circle of people than most expect.
Claimants
Claimants are those who believe they have been inadequately provided for, or that the Will is not valid. Under the Family Provision Act 1972 (WA), eligible claimants include a spouse or de facto partner, children (including in some cases stepchildren), grandchildren, and parents. Adult children are by far the most common claimants in WA. Former spouses and partners can in some cases be eligible too.
Defendants
The defendants are the main beneficiaries under the Will, those whose share of the estate would be reduced if the claim succeeds. They are joined to proceedings as they have a direct interest in defending the Will’s distribution of the estate.
Executor
The Executor is the person appointed to administer the estate.
In WA, the Executor is a neutral party in these claims, not as the ‘voice’ of the deceased. Their role is to manage the estate, present its assets transparently, and comply with any court order or to pay out a settlement.
When a dispute arises, an Executor who is also a beneficiary faces significant tension between those two roles. Separate legal representation is often necessary.
Read more: Executor’s guide to Will challenges.
Hidden parties
Hidden parties also emerge more frequently than people expect – children from previous relationships, undisclosed de facto partners, or dependents whose circumstances were not known to the family.
How are inheritance disputes resolved?
Most inheritance disputes in WA do not go to trial. The courts actively encourage early resolution, and the process is structured to give parties every opportunity to settle before a judge makes the final call.
Here is a broad overview of how disputes typically progress:
Early negotiation
Before any formal proceedings, direct negotiation is often attempted. Where parties are willing and legal representatives can broker a workable solution, many disputes resolve at this stage.
Filing a claim
If negotiation fails, a claim is filed in the Supreme Court of Western Australia. Depending on the type of claim or challenge a different pathway and set of documents are required.
Case management
Once all parties have been served and appearances filed, the Court arranges a case management conference. This is an administrative hearing for directions on how the case should be managed going forward. The Court makes no decision about whether the claim is valid or has good prospects.
Mediation
Mediation in the Supreme Court is overseen by a Registrar – a type of judicial officer. It is not a binding process, but the success rate is very high.
Around 87% of disputes resolve before trial, and mediation is the primary vehicle for that resolution. Settling at this stage saves all parties significant time, cost, and emotional strain.
Trial
Where mediation fails and the stakes justify it, typically in high-value or highly complex estates, the matter proceeds to trial. The judge delivers a written decision, often many months later. Appeals are possible but limited to errors of law.
One important note: matters can settle at any point, including on the courthouse steps. New evidence, shifting circumstances, or the sheer reality of trial costs frequently bring parties to the table when nothing else has.
Get our ultimate FAQ guide on all things inheritance, Wills, estates and succession.
The real consequence of inheritance disputes
It would be a mistake to see inheritance disputes as purely legal problems. They are human ones.Financial consequences
Financial consequences
Litigation is expensive.
Legal costs on both sides are not necessarily drawn from the estate.
Parties must be prepared to pay their own way.
If costs are eventually ordered out of the estate, then this, what everyone may ultimately receive. In high-conflict matters, the cost of trial can consume a significant portion of the estate’s value. This is one reason the courts strongly encourage early resolution.
Read more: Who pays to contest a Will?
Relational consequences
Inheritance disputes regularly fracture families, sometimes permanently. The sibling who contested the Will, the stepchild who “caused all that trouble”, the estranged parent who joined in at the last moment: these events become part of family history.
Some relationships survive. Many do not.
Emotional consequences
People entering these disputes are usually already grieving. Layering legal conflict over grief is a genuine burden. The process takes months, sometimes years. It forces people to revisit and articulate painful memories, often in sworn evidence.
The emotional toll is real and should not be underestimated.
Reputational consequences
Inheritance disputes can expose private family matters in court. Inevitably some material leaks into the public domain.
This is why the right strategy matters from the outset, not just legal strategy, but human strategy. Knowing when to settle, when to hold firm, and how to navigate the process without unnecessarily inflaming relationships is as important as knowing the law.
Can inheritance disputes be prevented?
Not always. But in many cases, the seeds of a dispute are planted long before the Will is read, and careful estate planning can prevent them from taking root.
The most effective preventive measures include:
- A clear, current, professionally drafted Will that accounts for the complexity of your family situation
- A Letter of Wishes that explains your reasoning (privately, not in the Will itself, which becomes a public document)
- Early, open communication with family members about your intentions
- Trust structures where appropriate, particularly for beneficiaries with specific needs or vulnerability
- Properly documented loans and lifetime gifts, so the ledger is clear
- Regular reviews of your estate plan as circumstances change
At Solomon Hollett Lawyers, we work on both sides of the inheritance divide, planning and disputes. That dual experience gives us an advantage others lack: we design estate plans that anticipate the arguments before they arise.
Read more: Traps to avoid when estate planning.
Frequently asked questions about inheritance disputes
Who can challenge a Will in Western Australia?
Under the Family Provision Act 1972 (WA), eligible claimants include a spouse or de facto partner, children (including financially dependent stepchildren), grandchildren, and parents. Eligibility alone does not guarantee success, the court will assess the circumstances of each claim.
How long do I have to bring an inheritance dispute?
Claims under the Family Provision Act must be filed within six months of the grant of probate. After that, leave of the court is required. Acting early protects your rights and your options.
What happens if there is no Will?
Where there is no valid Will, the estate is distributed according to the rules of intestacy under the Administration Act 1903 (WA). This can produce outcomes that do not reflect the deceased’s wishes, and disputes can still arise over the administration of the estate.
Do most inheritance disputes go to court?
No. The majority settle before trial, around 87% resolve through mediation or negotiation. However, filing a claim in the Supreme Court is often necessary to progress a matter toward that resolution.
What does it cost to bring an inheritance dispute?
Costs vary significantly depending on the complexity of the matter, the size of the estate, and whether the matter settles or proceeds to trial. In some cases, costs are drawn from the estate. Early advice helps you understand the likely cost-benefit picture before committing to a course of action.
What is the success rate of Will contests?
Research shows that around 74% of Will contests that proceed to trial result in a change to how the estate is distributed. That figure reflects only the matters that reach trial, the majority resolve earlier.
Can I defend a Will if I am also a beneficiary?
Yes, but you should be aware of the complexity this creates. As a beneficiary, your goal is to protect your share. As an executor, you are required to remain neutral. If you are both, separate legal representation may be necessary.
Is unequal inheritance legal in WA?
Yes. Testamentary freedom means you can leave your estate to whoever you choose.
However, that freedom is not absolute, eligible people can still make a family provision claim if they were not adequately provided for. Unequal inheritance is legally valid, but carries greater risk of challenge if not planned carefully.
Ready to take the next step?
Whether you are considering a claim, defending one, or simply trying to understand your position, the most valuable thing you can do right now is book a consultation and speak with our inheritance dispute lawyers.
Inheritance disputes are a unique field. They sit at the intersection of complex law, family dynamics, and deeply personal emotions. The lawyers who navigate them well are not just technically skilled, they understand the human dimension of every matter.
Solomon Hollett Lawyers are specialists in inheritance law. We act for both claimants and defendants. We work on both the planning and dispute sides of the law. And we bring calm direction to some of life’s hardest moments.
Dealing with an inheritance dispute, estate administration or probate matter?
Book a free 15 minute phone call with one of our lawyers today.
