Contest a Will or Estate
If you’ve been left out of a Will, think you’ve missed out on your fair share of an inheritance, or a claim is being made against you, our Wills & Estate specialists can advise you on what to do next.
What’s involved in challenging a will?
If a loved one’s Will doesn’t provide for you or your children, or you’re set to inherit less than expected, you may be able to ask a court to decide whether it’s valid, or award you a greater share.
Who can test a Will or estate?
Anyone can challenge the validity of a Will provided they have an interest in the earlier Will of the deceased (the testator). South Australian law says you must have had a specified relationship with the testator to make a claim.
Specified relationships able to challenge a Will:
- spouses or former spouses
- domestic partners or former domestic partners
- children
- dependent step-children (in some circumstances)
- grandchildren
- parents, in some circumstances
- brothers and sisters, in some circumstances
If you’re planning on disputing a Will, you need to establish that it’s invalid. This could be because the testator lacked capacity to make the Will, didn’t understand or know what was in the Will, or was coerced into signing the Will. It could also be that there was fraud or forgery, the testator didn’t properly sign the Will, or the Will wasn’t properly witnessed.
The process of contesting a Will or estate
Early advice is critical if you believe a Will should be contested. If it is invalid or void, a Probate Caveat may need to be filed quickly to avoid the Grant of Probate on a Will presumed to be invalid.
If you believe that you have been unfairly left out of a Will, or you think you should be entitled to more of an estate, you only have 6 months from the date of Probate to make a claim.
To succeed, you must show the testator had a responsibility to provide for your education, maintenance, or life advancement. Key factors include your relationship with the testator, estate size, your financial and health circumstances, and the financial situation of other beneficiaries.
Early legal advice is crucial, as negotiation with beneficiaries or court action may be necessary.
Meet the Wills & Estate Team
If you want to contest a Will, our Wills & Estate Team will advise you as to your next steps.
Frequently Asked Questions
Our Wills and estates FAQs answer common questions about contesting an invalid or void Will in South Australia.
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