Can you contest a will if you’re not named as a beneficiary?

Many people are surprised to learn that you can sometimes contest a will even if your name does not appear in it. In Western Australia, the law recognises that there are situations where a person may have been unfairly excluded from a will. If you believe this has happened to you, getting guidance from an experienced Contesting A Will lawyer in Perth is an important first step.

In this blog, we explain who can challenge a will, how the process works, and when deceased estate lawyers perth can help you understand your rights.

Understanding what it means to contest a will

Contesting a will means challenging the distribution of a deceased person’s estate. People commonly challenge a will because:

• They have been left out of the will completely
  
• They have been given less than they expected or believe is fair
  
• They think the will is invalid due to issues like pressure, fraud, or lack of capacity
  

If you are not listed as a beneficiary, you may still have a legal right to ask the court for a share of the estate. This is typically done through a Family Provision Claim, which enables eligible individuals to request a proper and adequate financial support from the estate.

Can a non-beneficiary contest a will?

Yes, you can—if you fall into an eligible category under WA law.
The Family Provision Act 1972 (WA) outlines who is allowed to make a claim. Even if you are not named in the will, you may still contest it if you are:

• A spouse, de facto partner, or former spouse
  
• A child of the deceased (including adopted or stepchildren in certain cases)
  
• A financially dependent grandchild
  
• A parent of the deceased
  
• Someone who was in a close personal or financial relationship with the deceased
  

If you are unsure whether you qualify, speaking with will-dispute lawyers can help you understand your position quickly.

Why would someone be left out of a will?

There are many reasons why someone might not be named as a beneficiary. These can include:

• Family conflicts
  
• Estrangement
  
• A misunderstanding or assumption that the person does not need financial support
  
• Changes in circumstances that were not reflected in the final will
  
• An oversight by the person who prepared the will
  

In other cases, the will may be outdated or may not accurately reflect the deceased person’s final wishes. Sometimes, wills fail to provide for people who depended on the deceased emotionally or financially.

If you feel your exclusion is unfair, contesting wills perth lawyers can help you assess whether you have a strong case.

What makes a claim successful?

Courts in Western Australia look at several factors when deciding whether to award a share of the estate to someone not named in a will. These may include:

• Your financial needs and personal circumstances
  
• The size and nature of the estate
  
• Your relationship with the deceased
  
• Whether the deceased had a moral duty to provide for you
  
• The needs of other beneficiaries
  
• Any financial support the deceased gave you while they were alive
  

It’s important to remember that contesting a will is not about receiving “what you think you deserve.”
The court’s focus is on whether the deceased had a responsibility to provide for you and whether they fulfilled that responsibility.

This is why early Will contest legal advice Perth can make a big difference to the outcome.

How long do you have to contest a will?

In WA, strict time limits apply. A Family Provision Claim must usually be made within six months from the date the Grant of Probate is issued.

Missing this deadline can mean losing your opportunity entirely. If you believe you have a valid claim, it’s essential to speak to a contesting a will lawyer as soon as possible.

What if the will is invalid?

Even if you are not entitled to a Family Provision Claim, you may still challenge a will by arguing that it is invalid. A will may be considered invalid if:

• The deceased did not have the mental capacity at the time of signing
  
• They were pressured or influenced by someone
  
• The will was forged
  
• The will was not properly signed or witnessed
  

If the court decides the will is invalid, it may be replaced with an earlier will or, in some cases, the estate may be distributed under the laws of intestacy. This can dramatically change who receives the estate.

An experienced contesting a will lawyer in Perth can help you evaluate whether an invalidity claim is appropriate in your situation.

The role of Deceased Estate Lawyers Perth

Contesting a will can be stressful, emotional, and legally complex. Working with knowledgeable lawyers gives you clarity, support, and a clear plan of action.
At deceased estate lawyers perth, clients often seek guidance on:

• Whether they are eligible to contest a will
  
• Whether the deceased had a moral obligation to provide for them
  
• What type of evidence is needed
  
• How the court is likely to view their circumstances
  
• Negotiating with other beneficiaries
  
• Navigating the Family Provision Claim process
  

Good legal advice also helps avoid unnecessary conflict between family members by keeping communication structured, professional, and focused on solutions.

What should you do if you think you have a claim?

If you believe you should have been included in a will—or should have received more than what was given—your next steps are important:

1. Get legal advice quickly
   Time limits are strict, and early guidance strengthens your case.
   
2. Gather documents
   This can include financial records, messages, proof of dependency, or proof of your relationship with the deceased.
   
3. Stay calm and avoid conflict
   Let your lawyer manage communication to reduce stress and prevent arguments.
   
4. Understand that negotiation is common
   Many disputes are resolved through mediation rather than court hearings.
   

Seeking support from experienced contesting wills perth lawyers ensures you are informed, protected, and prepared.

Final thoughts

Being left out of a will can be painful and confusing, but it doesn’t always mean you have no legal rights. If you were financially dependent on the deceased or had a close relationship with them, you may be eligible to challenge the will—even if your name is not listed as a beneficiary.

Speaking with a knowledgeable Contesting A Will lawyer in Perth gives you the clarity and confidence to move forward. With the right guidance from deceased estate lawyers perth, you can understand your eligibility, protect your interests, and pursue a fair outcome.