We can help you with any inheritance related issues, including matters involving the validity of Wills, claims against a deceased Estate, and conflict between Executors of a Will.
Claiming an Entitlement (Provision Claims)
If someone has left a Will but has failed to make any provision in that Will for your education, maintenance or support (or if inadequate provision has been made), you may have a right to the assets of the Estate. That right may also arise if someone has died without having made a Will.
In South Australia the persons who are entitled to make a claim against the assets of a deceased Estate are:
- The spouse of the deceased person
- Anyone who has been divorced from the deceased person
- The domestic partner of the deceased person
- A child of the deceased person
- A child of a spouse or domestic partner of the deceased (subject to certain conditions)
- A child of the child of the deceased person
- A parent or sibling of the deceased person (subject to certain conditions)
Contesting a Will
You may be entitled to challenge the validity of a Will if you have reason to believe that:
- The person making the Will lacked the necessary mental capacity to make a Will
- The person making the Will was unduly influenced or pressured when making decisions about what to include in their Will
- The person making the Will was unfamiliar with or did not approve of the contents of the document he or she was signing as their Will
- The making of the Will involved fraud or forgery
You may also wish to challenge the meaning of certain terms of the Will, including in relation to the appointment of Executors of the Will.
There are short and strict time limits involved for making entitlement claims. We encourage you to seek legal advice as soon as possible.
Depending on your circumstances, we may agree to defer your legal fees until your matter is finalised. Contact PGC Legal for a free initial consultation with one of our experienced lawyers.
Defending a Claim
You may be an Executor or Beneficiary of a Will that is being challenged or contested. We can help you understand what this means for you and the Estate, your rights and responsibilities, and what you can and should do. As well as providing legal advice, we can provide you with strong legal representation in Court proceedings if the matter cannot be resolved amicably beforehand.
Because we’re experienced in preparing Wills and helping people plan their Estate affairs, we’re able to see Wills and Estate disputes from different angles. This experience means we can pre-empt and strategize to ensure your position is protected and advanced as well as possible.
Contact us to discuss your matter with our Wills dispute lawyers.