Inheritance Dispute

Inheritance Dispute

Our inheritance dispute lawyers can help you challenge wills and ensure that your rights under the law are protected.

What Can I Do If I Am Unhappy With My Inheritance?

You may be able to dispute or challenge a will if it is invalid, for example because it is not signed or witnessed properly, or because the willmaker did not have the required mental capacity to make the will or was coerced.

You may also be able to challenge a will by making a claim against an estate under the Inheritance (Family Provision) Act 1972 (SA). You can only do this if the willmaker is your—

  • spouse or partner;
  • ex-spouse;
  • parent or parent-in-law;
  • grandparent;
  • child; or
  • sibling;

and  did not make adequate provision for your maintenance and support in his or her will.

What Are the Time Limits for an Inheritance Dispute?

A claim arising from the invalidity of a will must be made before a grant of probate is made or the estate is distributed.

A claim under the Inheritance (Family Provision) Act 1972 (SA) must be made within six months of the grant of probate.

Seeing a lawyer early allows the lawyer to gather accurate information and prepare adequately before filing a claim in court. It’s the best way to maximise the amount you can successfully claim.

What does an Inheritance Dispute Cost?

In many cases we are prepared to act for you in will disputes on a no win no fee basis. Click here for details.

Defending a Will?

If you are the executor of a will or a beneficiary under a will and you think there might be a challenge to the will, a lawyer will be able to help you understand your options and resist the challenge or negotiate a settlement as appropriate.

Settlement & Mediation

Most inheritance disputes can be resolved by a settlement conference or mediation. But only if the interested parties agree. It’s the best way to avoid legal costs associated with an inheritance dispute.

Your lawyer will be able to advise you whether a settlement conference, mediation, or other dispute resolution mechanism is appropriate in your case.