Contesting a Will is not straightforward. While many people feel they have a strong case, the reality is that most challenges in Western Australia fail. Courts generally uphold the Will-maker’s wishes unless there is compelling evidence of invalidity. Understanding why Will contests are unsuccessful can help families avoid unnecessary legal battles, costs, and disappointment.
Primary reasons Will contests fail
Insufficient evidence
Courts default to upholding the stated intentions of the deceased unless substantial evidence proves otherwise. A lack of clear, compelling proof is the most common reason contests fail.
Unsuccessful undue influence claims
Undue influence is one of the hardest grounds to prove. Recent cases illustrate why claims often fail:
- Insufficient evidence of coercion – In Rea v Rea (2024), the Court of Appeal found insufficient evidence of undue influence, noting that although the daughter had a “forceful personality” and “forceful physical presence,” there was “no direct evidence of coercion”.
- Failing to prove control over free will – Courts require proof that the undue influencer destroyed the free will of the person executing the will so that the desire of the undue influencer took over for the desires of the victim.
- Relying on circumstantial evidence alone – Because undue influence often occurs in private and confidential moments, it can be very difficult to prove with direct evidence.
Weak capacity challenges
The test for testamentary capacity has a very low standard—the person must have the capacity to know their estate, know the natural objects of their affections, and know to whom they wish to leave their property. Many capacity challenges fail because:
- The legal threshold is minimal
- Medical evidence doesn’t support incapacity at the time of will execution
- The person demonstrated sufficient understanding despite some cognitive decline
Common strategic mistakes that lead to failure
Lack of standing
Only those with a legitimate interest can contest a Will. Cases fail when:
- The contestant cannot show they would benefit if the Will were set aside
- They are not eligible under WA’s Family Provision Act 1972
- They have no recognised legal interest in the estate
Missing critical deadlines
In WA, Family Provision claims must be filed within six months of probate or letters of administration being granted. Late filings are usually dismissed outright.
Inadequate legal representation
Because of how complex contesting a Will can be and the unusually low success rates, working closely with a probate attorney throughout the process is essential. Cases fail when contestants:
- Represent themselves in complex proceedings
- Hire attorneys inexperienced in Will contests
- Fail to properly investigate and gather evidence
Financial consequences of unsuccessful contests
Cost risks
If you are unsuccessful in contesting a Will, the Court may order that you pay your own costs as well as the costs of the deceased estate. If you are unsuccessful, you will be required to pay not only your costs but also any costs incurred by the successful party .
No-contest clauses
What courts won’t accept
- Emotional arguments – Hurt feelings or claims of “unfairness” do not meet legal thresholds.
- Procedural failures – While 15–20% of Will contests are launched because of alleged failures to meet formal legal requirements, most fail. Courts often apply the doctrine of “substantial compliance” if the Will substantially meets requirements.
- Speculation and assumptions – Courts require proof, not guesses about what the deceased “would have wanted,” assumptions about family dynamics, or speculation about coercion.
Recent trends making contests more difficult
Practitioners report a surge in enquiries due to WA’s ageing population and the post-COVID environment. But while interest has increased, successful undue influence cases remain rare. Courts generally presume that affection, gratitude or persuasion are more likely than coercion.
Key takeaway
Around 34% of Will disputes are resolved in a way that changes the estate distribution, but this figure includes negotiated settlements. The actual trial success rate is far lower. Most unsuccessful contests fail because they lack substantial evidence, fall short of the strict legal requirements, or suffer from poor legal strategy. For many families, alternative dispute resolution methods such as negotiation or mediation may be a more practical path.
Moving forward with clarity
Contesting a Will is difficult, expensive, and rarely successful without solid legal grounds. But understanding the risks and realities can help families make informed choices about whether to proceed. At Solomon Hollett Lawyers, our inheritance dispute lawyers in Perth guide clients through the process with clarity and care. Whether you’re considering a challenge or defending one, we’ll help you understand your options, assess your chances, and explore practical alternatives. If you’re facing uncertainty around a Will, book a confidential consultation with our team today.
