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8227 1970

Wills and Estates

Contested Estates

We can also help you challenge a Will. If you wish to challenge a Will, it must be done within six months of the granting of probate if you believe you have a claim, although the court may grant an extension of time if the estate has not been completely administered.

There are two ways of disputing a will:

  1. Arguing the will is invalid
  2. Arguing the will is unfair

The Inheritance (Family Provision) Act, 1972 allows relatives to claim for a greater share of a deceased person’s estate.

Written notice must be given to the administrator of the estate of the intended claim. within 6 months of the Grant of Probate or Letters of Administration.

Within 3 months of notice being given, a claim must be commenced in the Supreme Court providing details of the claimant’s financial circumstances to show they have been left with inadequate provision.

An application for an extension of time to make a claim may be granted provided it is made before the final distribution of the estate. Any distribution of any part of the estate made before the application for an extension of time will not be disturbed.

The Court must first decide whether the claimant has been left without adequate provision for their proper maintenance, education and advancement in life. If the Court considers this has occurred, it must then decide what provision ought to be made out of the deceased’s estate for the claimant.

Many family provision claims are resolved by negotiation or mediation.

Call us now on 8227 1970 and we will chat with you over the phone, free of charge.

Family law, divorce, wills and estate specialists for Adelaide and South Australia.