Knowledge Bank
Can Adult Children Contest A Will In Western Australia?
Quick Answer
Yes.
An adult child can make a claim against an estate in Western Australia if they believe the Will did not make adequate provision for them.
However, being able to make a claim does not mean the claim will succeed.
The Court looks at the whole family situation, including:
- the size and nature of the estate;
- the adult child’s financial, personal and health circumstances;
- their relationship with the person who passed; and
- the needs of the spouse, other children and beneficiaries.
A carefully prepared Will can reduce uncertainty and the risk of dispute.
No Will can be made completely challenge-proof.
Introduction
One of the most common questions parents ask when preparing a Will is:
“Can my adult children challenge my Will after I pass?”
The answer is yes, in some circumstances.
That does not mean your wishes will automatically be changed.
It also does not mean that every disappointed family member will succeed.
The issue deserves particular attention where:
- a child is excluded;
- children receive substantially different shares;
- there has been estrangement or longstanding family conflict;
- one child has greater financial or personal needs; or
- a blended family creates competing interests.
A Will carries your decisions forward after you pass.
Those decisions should therefore be made with a clear understanding of the family circumstances in which the Will may eventually operate.
Good estate planning is not about trying to make a Will impossible to challenge.
It is about understanding the risks, making informed decisions and reducing the likelihood of future uncertainty or dispute.
What Does It Mean To Contest A Will?
The phrase “contesting a Will” is often used to describe two different situations.
Questioning Whether The Will Is Valid
Someone may argue that the Will should not be accepted because, for example:
- the person did not have the capacity to make it;
- they did not understand what they were signing;
- they were pressured or improperly influenced; or
- the Will was not signed or witnessed correctly.
This type of dispute is about whether the Will itself is valid.
Asking For A Greater Share
An adult child may accept that the Will is valid but argue that it did not make adequate provision for them.
This is usually what parents mean when they ask whether an adult child can contest their Will.
Can An Adult Child Make A Claim?
Yes.
An adult child does not lose the ability to make a claim simply because they are:
- employed;
- financially independent;
- married or in a relationship; or
- living their own separate life.
However, an adult child is not automatically entitled to receive an inheritance or an equal share of the estate.
There is an important difference between:
being allowed to make a claim; and
having a claim that succeeds.
The Court does not usually change a Will merely because a child is unhappy, received less than another beneficiary or believes the decision was unfair.
The whole situation must be considered.
When Might A Claim Arise?
Every family is different.
However, claims may be more likely to arise where an adult child:
- receives nothing from the estate;
- receives substantially less than their brothers or sisters;
- is experiencing illness, disability or financial hardship;
- believes earlier promises or contributions have not been recognised;
- has been estranged from the parent;
- expected to benefit but was disappointed; or
- is part of a blended family with competing interests.
These circumstances do not automatically mean that a claim will succeed.
They are simply situations in which the decisions made in the Will may be questioned.
What Will The Court Consider?
There is no simple formula.
The Court looks at the whole situation rather than relying on one fact.
The matters considered may include:
- the size and nature of the estate;
- the adult child’s income, assets, debts, health and future needs;
- the needs of the spouse, other children and beneficiaries;
- the history of the relationship;
- the reasons for any estrangement;
- financial or personal support previously provided; and
- contributions the child may have made to the parent or family.
No single factor decides the outcome.
For example, an adult child may be financially independent but have serious health needs.
Another child may have received substantial financial support during the parent’s lifetime.
A surviving spouse may need housing and financial security.
Each person’s circumstances form part of the overall picture.
Can You Exclude An Adult Child?
Yes.
You can decide not to include an adult child in your Will.
You can also decide to leave children unequal shares where you believe that better reflects the family circumstances.
However, excluding a child or leaving them less does not prevent them from making a claim.
The more important questions are:
- why you are making the decision;
- whether you have considered the child’s current circumstances;
- whether the decision reflects the wider family situation; and
- whether your reasoning should be recorded carefully.
The purpose is not to justify every difference between beneficiaries.
It is to make sure the decision is deliberate, informed and clearly understood.
Practical Point
Where a child receives less than others or is excluded, it may be helpful to record the reasons separately and carefully.
This does not prevent a claim or guarantee that the decision will be upheld.
It may, however, help show that the decision was considered rather than accidental.
The wording should be prepared carefully, particularly where relationships or past events may later be disputed.
Common Mistake
A common mistake is believing that a sentence in the Will saying:
“I have deliberately excluded my child”
will prevent that child from making a claim.
It will not.
The statement may confirm that the exclusion was intentional, but the wider family circumstances may still be considered.
Frequently Asked Questions
Can A Financially Independent Adult Child Make A Claim?
Yes.
Financial independence does not automatically prevent an adult child from making a claim.
It is one factor considered as part of the wider family and financial circumstances.
Is An Adult Child Guaranteed An Inheritance?
No.
An adult child may be eligible to make a claim, but that does not give them an automatic right to receive part of the estate.
There is also no general rule requiring every child to receive an equal share.
Can An Estranged Adult Child Make A Claim?
Potentially.
Estrangement does not automatically end the matter.
The reasons for the estrangement, how long it continued, the conduct of the people involved and any attempts at reconciliation may all be relevant.
Can I Make My Will Challenge-Proof?
No.
A carefully prepared Will may reduce uncertainty and the risk of a successful claim, but it cannot remove the legal rights of someone who may be eligible to apply.
The objective is to make informed decisions and ensure that your intentions are clear.
Final Thoughts
Yes, an adult child may be able to contest a Will in Western Australia.
That does not mean every claim will succeed or that every child must receive an equal share.
The important issue is whether the Will reflects a carefully considered decision that takes account of the family circumstances and the needs of the people involved.
A Will carries your intentions forward after you pass.
Thoughtful planning helps those intentions remain clear when they are later examined or carried out.