I have been separated from my husband for 14 years - we have…

Good Afternoon,

both you as his former wife and your sons have a claim against his estates and are eligible people to make a claim.

You are going to have to have a solicitor in Western Australia where he passed away and he held the property.

The following is the law on who can contest will in Western Australia

Pursuant to the Family Provision Act 1972, eligible applicants who can contest a will in WA include:

• a spouse or de facto
• a person receiving or entitled to receive maintenance from the Deceased
• a child of the deceased
• a grandchild of the deceased
  • who was being maintained wholly or partly by the deceased immediately before the deceased’s death; or
  • who, at the date of the deceased’s death, was living and one of whose parents was a child of the deceased who had predeceased the deceased; or
  • who was born within 10 months after the deceased’s death and one of whose parents was a child of the deceased who had predeceased the deceased;
• a stepchild of the deceased who was being maintained by the deceased immediately before the deceased’s death;
• a stepchild of the deceased, if
  • the deceased received or was entitled to receive property from the estate of a parent of the stepchild, otherwise than as a creditor of that estate; and
  • the value of that property, at the time of the parent’s death, is greater than the prescribed amount;

you have 6 months from the date of probate but you will need a solicitor in Western Australia.

The following link will provide you with more details about contesting the will in Western Australia.

https://www.armstronglegal.com.au/contested-wills/contesting-a-will/wa

I hope this has assisted in S of your question today.

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Regards

Leon