When a loved one passes away, dealing with their estate can be emotionally overwhelming. In Western Australia, if someone has named you in their will, you’re referred to as a beneficiary. But what exactly are your rights as a beneficiary under a will? At Deceased Estate Lawyers Perth WA, we often guide clients through this delicate yet crucial legal area. Understanding your entitlements can help prevent conflicts and protect your inheritance.
Whether you’re curious about timeframes, entitled to information, or wondering what to do if you’re left out unfairly, knowing the rights of a beneficiary of a will is your legal safeguard.
Who Is a Beneficiary Under a Will?
In the simplest terms, a beneficiary is a person or entity nominated in a will to receive a portion of the deceased’s estate. This can include money, property, shares, or personal items. Beneficiaries can be individuals, like family members, or even institutions.
Your Right to Be Informed
Once the executor— the person appointed to administer the estate— begins the process, beneficiaries have a legal right to be informed. You must be told:
That the will exists and you’re named in it
What you’re entitled to receive
When you’re likely to receive it
Beneficiaries don’t have to wait in the dark. They can request information about the estate’s assets, debts, and progress in administration. If the executor is unreasonably delaying, you can seek legal action with help from will lawyers in Western Australia.
Right to a Copy of the Will
Under Western Australian law, a beneficiary is legally entitled to request and receive a copy of the will. This includes any earlier versions that may clarify the deceased’s intentions. It’s one of the foundational rights of a beneficiary of a will and helps prevent misinterpretation or misuse by the executor.
Right to Fair Administration
Beneficiaries are entitled to expect that the estate will be managed properly and distributed according to the terms of the will. Executors must act in the best interests of all beneficiaries and follow legal procedures. If they don’t, you have the right to challenge their actions in court.
At Deceased Estate Lawyers Perth WA, we often assist clients when:
Executors withhold information
Assets are not distributed fairly
There’s evidence of executor misconduct
In these cases, the courts can order a new executor or even impose penalties.
Right to Timely Distribution
Although the law doesn’t enforce a strict timeline, it’s generally expected that an estate will be administered within 12 months, known as the “executor’s year.” If there are no valid reasons for delays, such as legal disputes or tax issues, beneficiaries can question the timeline. A good will lawyer in Western Australia can help put pressure on a slow executor through formal legal channels.
Right to Contest the Will
Not all beneficiaries are happy with what’s in a will—or worse, some are left out altogether. If you believe you have been unfairly treated, especially as a close relative or dependent, you may have legal grounds to contest the will under the Family Provision Act 1972 (WA).
Grounds for challenging a will include:
Inadequate provision for a dependent
Lack of testamentary capacity of the deceased
Undue influence or fraud
It’s vital to act quickly, as strict time limits apply. Speak to one of our specialists who are lawyers in Western Australia to understand if you have a valid claim.
Other Legal Protections for Beneficiaries
You also have the right to:
Be treated equally (unless the will states otherwise)
Receive interest if your inheritance is delayed beyond a reasonable time
See the accounts of the estate administration
If you feel any of these rights are being ignored, legal recourse is available.
Let Deceased Estate Lawyers Perth WA Help You
Understanding your rights is just the beginning. If you need to access a will, believe you’ve been unfairly treated, or simply want to ensure your inheritance is protected, speaking with experienced will lawyers in Western Australia is a wise step.
At Deceased Estate Lawyers Perth WA, we specialise in beneficiary rights, will disputes, and estate litigation. We are here to help you secure what you’re legally entitled to—without the stress.
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