Adelta Legal has one of the most talented and experienced teams of estate litigators in South Australia. We have considerable experience in both bringing and defending claims against estates.
The estate litigation team at Adelta Legal has achieved considerable success both in challenging the validity of wills and in seeking further provision for clients from an estate where the will is valid.
The reasons that a will may be held by a Court to be invalid include:
- The will maker lacked capacity to make a will due to medical incapacity such as dementia;
- The will maker was subject to pressure by another person which was sufficient to cause the will to not truly represent the wishes of the will maker;
- The will maker was not fully aware of the nature and contents of their will;
- The will maker’s signature was forged; or
- The making of the will was caused by false representations to the will maker.
Challenging Inadequate Provision
Even if a deceased person’s will is entirely valid, it is possible for a spouse, child or grandchild (amongst others) to apply to the Court seeking further provision from the deceased’s estate. Such claims are brought pursuant to the Inheritance (Family Provision) Act.
When considering such claims 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.
It is important to note that the time limit to bring a claim against an estate pursuant to the Inheritance (Family Provision) Act is 6 months from the date of the grant of probate. Although this time limit can be extended in some circumstances, should 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.
While most estate litigation is resolved by negotiation, at Adelta Legal our tenacious approach and thorough knowledge of the law allows our clients to negotiate from a position of strength, content in the knowledge that should the matter not resolve by negotiation, our clients will have an experienced team to take their matter to trial.
At Adelta Legal we are always happy to meet with potential clients to discuss their estate litigation problems. If, after receiving preliminary advice at an initial meeting, you do not wish to proceed with the matter, then you are under no obligation to do so and there will be no cost to you.
We understand that clients are not always able to afford to pay for a lawyer as a matter progresses. Accordingly, in many cases we are happy to defer our fees until the conclusion of the matter. In any event, we will discuss costs with you at your initial interview and keep you informed about costs as your matter progresses, so that you do not receive an unpleasant surprise at the conclusion of your matter.