Key Takeaways
- Contesting a Will in Western Australia can involve significant legal costs, particularly if a dispute proceeds to trial rather than resolving through mediation or negotiation.
- Inheritance disputes are rarely just financial. Family conflict, emotional strain, and prolonged uncertainty can all have lasting consequences.
- The Supreme Court of Western Australia considers factors such as financial need, relationship to the deceased, estate size, and available evidence when determining Family Provision Claims.
- Many Will disputes resolve before reaching a final hearing, often through negotiated settlement or mediation once the strengths and risks of the claim become clearer.
- Before contesting a Will, it is important to assess whether pursuing the dispute is likely to achieve a worthwhile practical, financial, and personal outcome.
Inheritance disputes are becoming increasingly common across Western Australia as families navigate the early stages of the largest intergenerational wealth transfer in history. With trillions of dollars expected to change hands across Australia over the coming decades, disputes over Wills, inheritances, family expectations, and financial provision are rising alongside it.
Our research found that 1 in 3 Western Australians expect an inheritance dispute within their family, while younger generations are increasingly relying on a future inheritance for long-term financial security.found that 1 in 3 Western Australians expect an inheritance dispute within their family, while younger generations are increasingly relying on a future inheritance for long-term financial security.
Against that backdrop, one question consistently sits at the centre of inheritance disputes:
Is contesting a Will actually worth it?
The answer depends on far more than legal fees alone. The financial cost, emotional strain, time involved, strength of the claim, and likely outcome all need to be weighed carefully before taking action.
How expensive is it to contest a Will in Western Australia?
The cost of contesting a Will in Western Australia can vary significantly depending on the complexity of the dispute, the size of the estate, the conduct of the parties involved, and whether the matter resolves early or proceeds to trial.
As a general guide, inheritance disputes that resolve quickly through negotiation or mediation are usually far less expensive than matters that proceed all the way to a final Court hearing.
| Stage of dispute | Typical cost range |
| Early negotiated resolution | Lower range |
| Mediation-stage settlement | Moderate range |
| Proceeding to trial | Significant range |
In practical terms, many Will disputes can involve legal costs ranging from tens of thousands of dollars through to substantially more in complex, and at times lengthy, Supreme Court litigation. Matters involving family businesses, trusts, property disputes, capacity issues, or multiple competing beneficiaries often become considerably more expensive.
Importantly, most inheritance disputes in WA don’t end in a full trial. Many resolve during mediation once the parties have exchanged evidence and obtained clearer advice about the likely outcome. Early resolution can significantly reduce both legal costs and emotional strain.
The cost of contesting a Will is also rarely just financial. These disputes often arise during periods of grief, fractured family relationships, and heightened emotional pressure. As discussed further below, the emotional toll of inheritance disputes can sometimes outweigh the financial issues themselves. A commercially sensible outcome matters. So does preserving dignity, clarity, and perspective throughout the process.
Who pays the legal costs in a Will dispute?
One of the most common misconceptions in inheritance disputes is that the legal costs automatically come out of the estate. In reality, the Supreme Court of Western Australia has a broad discretion when deciding who should pay the costs of a Will dispute.
In some Family Provision Claims, particularly where a claimant achieves a successful outcome or a negotiated settlement, some legal costs may be paid from the estate. But this is never guaranteed.
The Court will often consider factors such as:
- the strength of the claim
- the conduct of the parties
- whether the dispute could have been resolved earlier
- whether the claim was reasonably brought
- the size of the estate
There is also a real risk of adverse costs orders in some cases. If a claim is unsuccessful, lacks merit, or is conducted unreasonably, the Court may order one party to contribute towards the other side’s legal costs. That risk becomes more significant where disputes are pursued emotionally rather than strategically.
Importantly, outcomes are rarely “all or nothing”. Many inheritance disputes resolve through mediation with some adjustment to the estate distribution and an agreed position on costs. In practice, negotiated resolution is often far more commercially sensible than prolonged litigation.
What affects the cost of a Will dispute?
No two inheritance disputes are the same, which is why legal costs can vary so significantly from one matter to another.
One of the biggest factors is whether the dispute resolves early or proceeds toward a final trial. Matters that settle through negotiation or mediation are usually far less expensive than disputes requiring extensive evidence, multiple hearings, and a Supreme Court trial.
Other factors that commonly affect the cost of contesting a Will include:
- the size and complexity of the estate
- whether there are family trusts, businesses, or complicated asset structures involved
- the number of beneficiaries or competing claimants
- disputes about mental capacity or undue influence
- the amount of evidence required
- whether expert reports or valuations are needed
- how cooperative or combative the parties are throughout the process
The conduct of the parties can have a major impact on costs. Inheritance disputes driven purely by emotion, personal conflict, or entrenched family dynamics often become longer, more stressful, and more expensive than they need to be.
Timing also matters. Obtaining early legal advice can help narrow the issues in dispute, preserve evidence, and create opportunities for resolution before costs escalate unnecessarily.
Importantly, a larger legal spend doesn’t always necessarily produce a better outcome. In many cases, the most effective strategy is the one that resolves the dispute efficiently, preserves as much of the estate as possible, and avoids prolonged conflict where practical.
The emotional cost of contesting a Will
As important as legal costs are, the financial side of an inheritance dispute is often only part of the story.
Contesting a Will frequently unfolds during periods of grief, fractured family relationships, and heightened emotional pressure. Long-standing tensions between siblings, blended family dynamics, caregiving expectations, or feelings of exclusion can quickly intensify once an estate is being divided.
The emotional impact of a Will dispute can include:
- ongoing stress and uncertainty
- strained or permanently damaged family relationships
- difficult negotiations between siblings or relatives
- emotional exhaustion from prolonged disputes
- anxiety around legal proceedings and potential outcomes
- tension surrounding sentimental assets or family expectations
Inheritance disputes rarely leave anyone untouched. Reaching a practical resolution early can often reduce stress, contain legal costs, and prevent conflict from escalating further than it already has.
How long does it take to contest a Will?
Most inheritance disputes in Western Australia take months to resolve.
The timeframe will usually depend on:
- the complexity of the estate
- the amount of evidence involved
- whether the parties reach an early agreement
- whether Court proceedings become necessary
Another important factor to note is that strict time limits apply in Western Australia. In most cases, a Family Provision Claim must be brought within six months from the date Probate or a grant of letters of administration is granted.
Obtaining legal advice early is important, as delays can affect available options and create unnecessary pressure once limitation periods begin approaching.
What are the chances of success when contesting a Will?
Many inheritance disputes in Western Australia result in some form of adjustment to the estate, particularly where the claimant has genuine financial need and is eligible to bring a claim under the Family Provision Act 1972 (WA).
However, success depends heavily on the specific circumstances of the claim.
The Court may consider factors including:
- your relationship with the deceased
- your financial position and future needs
- the size and structure of the estate
- the needs of other beneficiaries
- whether you were financially dependent on the deceased
- the strength of the available evidence
- whether adequate provision was made for your proper maintenance and support
If you’re considering contesting a Will, understanding what evidence may be required to support your claim is an important starting point. Read more in our article What evidence do you need to contest a Will in WA?
Some claims are strong from the outset. Others may carry significant legal cost and emotional strain with limited prospects of achieving a meaningful outcome.
What outcomes are possible when a Will is contested?
Depending on the circumstances and the type of claim, the outcome of a successful claim may include:
- a redistribution of part of the estate
- a larger share of the inheritance
- provision for housing or ongoing support
- payment of legal costs from the estate in some circumstances
- negotiated settlement terms between the parties
If the matter doesn’t resolve, the Supreme Court of Western Australia may ultimately determine the outcome following a final hearing.
As more families look for ways to avoid prolonged litigation, approaches such as collaborative practice and structured negotiation are becoming increasingly common in inheritance disputes, particularly where preserving relationships and reducing conflict remain important considerations.
The practical reality is that many disputes resolve once the parties have a clearer understanding of the strengths, risks, likely legal costs, and potential outcome of the claim.
When is contesting a Will worth it, and when is it not?
Whether contesting a Will is worthwhile ultimately comes down to one question, which is:
Does pursuing the claim make practical, financial, and personal sense in the circumstances?
When contesting a Will may be worth it
A claim is often stronger where:
- you are eligible to bring a claim under the Family Provision Act 1972 (WA)
- there is genuine financial need or inadequate provision
- the estate is of a meaningful size
- there is strong supporting evidence
- the likely outcome justifies the legal costs and emotional strain involved
Claims involving adult children, spouses, de facto partners, and dependants commonly arise where the Will-maker failed to make what the Court considers adequate provision for their proper maintenance and support.
When contesting a Will may not be worthwhile
Some disputes carry significant emotional and financial costs with limited realistic upside.
That can include situations where:
- the estate is relatively small
- legal costs may outweigh any likely benefit
- the claim has weak prospects of success
- there is limited supporting evidence
- the dispute is being driven primarily by anger, disappointment, or family conflict
In some cases, pursuing litigation can ultimately reduce the value of the estate for everyone involved.
Understanding why some claims fail can be just as important as understanding why others succeed, particularly before substantial costs and conflict begin escalating.
This is why realistic advice and early assessment are so important. Understanding the likely risks, costs, and possible outcomes upfront can help avoid prolonged disputes that achieve little beyond escalating conflict and expense.
Get our ultimate FAQ guide on all things inheritance, Wills, estates and succession.
Understanding your position before taking action
Contesting a Will can carry significant financial, emotional, and personal consequences. Before taking action, it is important to understand the likely costs, risks, and potential outcome of pursuing a claim.
At Solomon Hollett Lawyers, our inheritance dispute lawyers in Perth help clients across Western Australia assess their position with clear, strategic, and commercially realistic advice. If you’re considering contesting a Will or defending a claim, we invite you to book a free 15-minute phone consultation with our team to better understand your options and the most sensible path forward.
FAQs
Can I contest a Will if I was left out completely?
Yes, in some circumstances you may still be able to contest a Will even if you were left out entirely.
In Western Australia, certain eligible people can bring a claim under the Family Provision Act 1972 (WA) if they believe they weren’t left adequate provision for their proper maintenance, support, education, or advancement in life.
Eligibility commonly includes:
- spouses and de facto partners
- children
- some stepchildren
- grandchildren in limited circumstances
- certain dependants
Being excluded from a Will doesn’t automatically mean a claim will succeed. The Court will consider factors such as your financial circumstances, relationship with the deceased, the size of the estate, and the needs of other beneficiaries.
If you have recently discovered you were left out of a Will, understanding the practical steps to take early can help protect your position and clarify your available options.
Does contesting a Will stop Probate in WA?
Not always.
In many Family Provision Claims, Probate may still be granted while the dispute is ongoing. However, the estate may not be fully distributed until the claim is resolved.
In some situations, disputes about the validity of a Will or urgent concerns about the estate may affect the Probate process more directly.
What happens at mediation in a Will dispute?
Mediation is a structured negotiation process where the parties attempt to resolve the inheritance dispute without proceeding to a final Court trial.
During mediation:
- each party presents their position
- evidence and financial circumstances are discussed
- settlement proposals are exchanged
- an independent mediator helps guide negotiations
Most inheritance disputes in Western Australia resolve at mediation or shortly afterwards. Reaching agreement early can significantly reduce legal costs, delays, and emotional strain on the family.
If the matter doesn’t resolve, the dispute may continue through the Court process.
Can stepchildren contest a Will in WA?
In some circumstances, yes.
Under Western Australian law, eligible stepchildren may be able to bring a Family Provision Claim against an estate. Eligibility will usually depend on factors such as the nature of the relationship with the deceased, whether the stepchild was financially dependent, and the broader circumstances of the family.
These claims can be legally complex, particularly in blended families or where multiple competing beneficiaries are involved.
The Court will assess each case based on its individual facts and whether adequate provision was made from the estate.
What if the estate is small?
The size of the estate can significantly affect whether contesting a Will is commercially worthwhile.
In smaller estates, legal costs can sometimes outweigh the likely benefit of pursuing a claim, particularly if there are multiple parties involved or the dispute becomes heavily contested.
The key question is whether pursuing the dispute is likely to produce a practical and proportionate outcome once the likely costs, risks, and emotional strain are taken into account.
Dealing with an inheritance dispute, estate administration or probate matter?
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