Contested Wills & Estate Dispute Resolution

In South Australia, contesting a Will or an estate is not open to just anyone. Specific individuals are entitled to challenge a Will, typically including: 

• Spouses and Domestic Partners: This includes current spouses and domestic partners, and former spouses or domestic partners; 
• Children and Grandchildren: Biological and adopted children, as well as grandchildren, can challenge a Will if they believe they have not been adequately provided for. Step-children may also be able to claim, depending on the circumstances; 
• Parents and Siblings: Currently if they can show that they cared for or contributed to the maintenance of the deceased during the deceased’s lifetime; 
• Beneficiaries and Executors: Individuals named in a Will as beneficiaries or executors who believe a Will is invalid or unfairly executed. 

Understanding who can legally challenge a Will is the first step in determining if you have a valid claim. 

There are several grounds for contesting a Will in South Australia: 

• Lack of Testamentary Capacity: If the deceased did not have the mental capacity to understand the implications of making a will at the time it was created, the will can be challenged. 
• Undue Influence: If the will was made under pressure or coercion from another person, it might be invalid. 
• Fraud or Forgery: If the will was tampered with, forged, or fraudulently created, it can be contested. 
• Improper Execution: The will must comply with legal requirements regarding witnesses and signatures. If these were not followed, the will might be invalid. 
• Lack of Provision: Family members and dependents can challenge a will if they believe they were not adequately provided for. 

Challenging a Will involves several legal steps, and it is essential to act promptly. Here’s a basic outline of the process: 

• Seek Legal Advice: Consult with a lawyer specialising in wills and estates to understand your rights and the strength of your case. 
• File a Caveat: A caveat is a formal notice preventing the grant of probate, which stops the Will from being executed until the Will contest is resolved. 
• Gather Evidence: Collect all necessary documents, including the will, medical records, and any proof of undue influence or fraud. Financial details of the parties are also relevant. 
• Mediation and Negotiation: Often, disputes can be resolved through negotiations and exchanging written offers, or by attending mediation. Doing so can save time and legal costs. 
• Court Proceedings: The matter may proceed to court. If mediation has not yet occurred, the parties will usually be ordered to attend a mediation. If mediation and negotiations fail, the matter may proceed to trial where a judge will decide the case. 

Navigating the complexities of contesting a will requires expertise and sensitivity. Our team of experienced will dispute lawyers in South Australia can provide comprehensive support throughout the process. We offer: 

• Expert Legal Advice: Assessing the validity of your claim and explaining your legal rights and the risks involved. 
• Strategic Planning: Working with Counsel to develop a tailored strategy to contest the Will effectively. 
• Representation and Negotiation: Representing you in negotiations and, if necessary, court proceedings to argue your case or defend a case on your behalf. 
• Emotional Support and Guidance: Understanding the emotional toll and providing compassionate support during this challenging time.