Our inheritance lawyers can help you challenge the validity of a will or defend against a challenge to a will, and ensure that your rights under the law are protected.

We can guide you through your inheritance dispute, so that you avoid unnecessary legal expenses and resolve your dispute quickly and efficiently with minimum stress.

Can I Dispute a Will?

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

You may also be able to make a claim against an estate under the Inheritance (Family Provision) Act 1972 (SA) if the will-maker is your—

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

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

What Are the Time Limits?

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.

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.

Settlement & Mediation

Most inheritance disputes can be resolved by a settlement conference or mediation where the interested parties agree amongst each other how to divide the estate. It’s the best way to avoid the unnecessary legal costs associated with resolving the dispute in court.

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

No Win, No Fee

If you want to dispute a will but you cannot afford to pay for a lawyer, our lawyers in Adelaide and Mount Barker can act for you on a no win, no fee basis. Click here for details.

Obligation-Free Meeting

We offer obligation-free first interviews, so if you’re not sure whether you may be able to dispute a will or if you might need to defend a will come speak to us to see whether you have a claim. Click here for details. Or contact us.