There are two main ways of contesting Wills:
- An Inheritance (Family Provision) Act claim;
- Challenging the validity of the Will.
Inheritance (Family Provision) Act claims
Where a person feels that they have not received adequate provision under a Will (or under an intestacy) they may make an application to the Supreme Court of South Australia pursuant to the Inheritance (Family Provision) Act for further provision. The categories of people who can apply include spouses, children, grandchildren, parents, brothers and sisters.
An application is commenced by court proceedings in the Supreme Court of South Australia which must be issued and served on the executors within 6 months of the grant of probate or letters of administration. It is therefore vital that you immediately obtain legal advice.
Challenging the validity of the Will
It is possible to challenge the validity of a Will on a variety of grounds:
- The person who made the Will did not have the requisite mental capacity to understand the nature and effect of the Will
- The person who made the Will did not know and did not approve of the contents of the document he or she signed
- That undue influence or undue pressure was exerted upon the person who made the Will such that the Will representes the wishes of another person
- That the signature on the Will has been forged
- That the Will was procured by fraud, in particular false representations.
Call us on 08 8523 8400 for a no obligation consultation with one of our lawyers or email us at email@example.com.
"Who can make an inheritance claim?" by Kylie Falkenberg (13/11/2018)
"Inheritance Update - Claims By Adult Daughters" by Nick Pullman (27/06/2017)
"Suspicious circumstances and WIlls" by Nick Pullman (13/07/2015)
"Inheritance Disputes" by Nick Pullman (17/02/2015)
"Mistress Loses Appeal" by Nick Pullman (16/02/2015)
"Inheritance Claims" by Nick Pullman (29/09/2014)