There are two main reasons for disputing a Will. The first reason is on the basis that the Will is invalid.
The second reason is that a family member has received an insufficient inheritance, or has been left out of a Will all together.
An insufficient inheritance can also arise when the deceased died without a Will and the laws of intestacy which divides up the deceased’s estate, does not leave enough inheritance for a particular family member.
If you believe that your inheritance is insufficient, or you have been left out of the Will, our estate litigation team can help you bring, or defend a claim against the estate under the Inheritance (Family Provision) Act 1972.
Are you eligible to bring a claim?
In South Australia, it is possible for a wife, husband, domestic partner, child, or grandchild (amongst others) to apply to the Court seeking further provision. This is a general guide, so please contact us to discuss your specific circumstances.
To succeed with a claim for further provision, the family member must establish that they have been left without adequate provision from the deceased’s estate for their ‘maintenance, education or advancement in life’.
When considering if a family member has been left without adequate provision, the Court has regard to:
- The size of the estate;
- The degree of financial need of the claimant;
- The nature of the relationship between the claimant and the deceased;
- Any contribution that the claimant made to building up the estate of the deceased;
- The competing financial need of the other beneficiaries of the estate.
Is there a time limit?
Yes. In South Australia, you must bring your claim for further provision from the estate within 6 months of the grant of probate being issued.
Although this time limit can be extended in some circumstances, if you consider that you might wish to bring a claim against an estate, you should not delay in seeking advice from our estate litigation team.
We have offices in the city, at Tea Tree Gully and Morphett Vale for the convenience of clients. In addition, for the elderly or infirm, visits can be made to clients at home or in hospital.
Call us on 08 8415 5000 or send an email to make an appointment.