Facing criminal charges in Adelaide?
Our dedicated and experienced criminal lawyers will provide a comprehensive defence to any criminal charges laid against you and will work to mitigate your penalty.
How we can help you
A Scammell & Co. lawyer will advise you on:
- what is legally required to prove a charge
- whether you have a defence to the charge
- whether the charge is likely to be withdrawn
- the likely penalty.
Why you should engage a Scammell & Co. criminal lawyer
Our dedicated lawyers have an in-depth understanding of criminal law and excellent negotiation skills. Their years of experience will help them advise you on the best course of action in relation to your matter.
One of our criminal law team may negotiate with the prosecution and appear at court hearings on your behalf.
The courts we attend include:
- Supreme Court of South Australia
- District Court of South Australia
- Adelaide Magistrates Court
- Port Adelaide Magistrates Court
- Elizabeth Magistrates Court
- Christies Beach Magistrates Court
- Adelaide Youth Court.
What to bring to an appointment
When you’re meeting with one of our criminal lawyers, bring any documents received from SAPOL including summons, complaint bail forms, property receipts or any other relevant documentation.
A Scammell & Co. criminal lawyer will provide you with exceptional support and guidance.
The benefits of using local Adelaide lawyers
Scammell & Co. Lawyers has a long and proud history of providing South Australians with exceptional legal services. Since 1887 we have established deep connections to the communities we work in and have built a reputation based on trust, integrity and professional excellence.
Keeping it local
Located in Port Adelaide, our head office is in keeping with our firm’s long-established presence in this part of South Australia. In fact, when Scammell & Co.’s founder - Francis George Scammell - and his colleagues set up shop, they would do their banking at the Union Bank of Australia on St Vincent Street in Port Adelaide. Today, our firm is housed in the very same building!
An office near you
We also have offices in the city, Walkerville and Gawler, the latter of which is staffed by lawyers and administrative staff who are all proud locals of the Gawler region.
When a Scammell & Co. professional represents you
If you choose one of our lawyers or conveyancers to advise you, you can rest assured you have selected someone who is committed to listening, working hard on your behalf, and resolving your matter with skill, care, and efficiency.
Administering a deceased estate in South Australia
Our firm is one of South Australia’s leading and trusted estate administrators.
Are you an executor?
If you have been appointed the executor in someone’s will, our lawyers will guide you through the process and provide you with independent advice to ensure the estate is administered as efficiently as possible.
Your responsibilities
As an executor, you must ensure the terms of the deceased’s will are carried out.
You must apply to the Supreme Court of South Australia for a Grant of Probate which will authorise you to to deal with property, shares, funds in bank accounts and other assets. Applications are made online and the original will must be delivered to the Supreme Court.
As executor, your duties may include:
- making funeral arrangements
- liaising with beneficiaries
- closing bank accounts
- paying expenses / debts from the proceeds of the estate.
- locating / identifying / selling / transferring assets.
What if the deceased did not have a will or it was invalid?
Their next of kin must apply for Letters of Administration NOT a Grant of Probate.
Timelines
The time required to administer an estate can vary depending on the complexity of the will, the nature of the assets in the estate, and whether there are any legal claims made against the estate.
The most common causes for delays are:
- the will is damaged, lost or not executed correctly
- a sole executor dies
- an executor breaches their duties
- an executor has not been appointed
- assets are left to a group of people, for example “my nieces and nephews” so verifying the name of each individual may take time
- beneficiaries are unable to be located
- beneficiaries cannot decide what should happen to certain assets
- beneficiaries do not agree to the terms of the will
- the name of a beneficiary or executor has not been correctly spelt
- the sole executor is under 18 years old.
Delays can also occur if the executor has difficulty in selling assets or if key documents cannot be located.
Scammell & Co. Lawyers is one of South Australia’s leading and trusted estate administrators and can provide advice and expert guidance to executors.
Handling estate disputes with the help of Adelaide lawyers
A range of disputes can arise around the distribution of an estate following the death of an individual.
Reasons for disputes
Individuals may decide to contest a will because they do not believe they were properly provided for in the deceased’s will. A dispute may also occur if it is believed the deceased did not have capacity to prepare a will at the time that it was, thereby making the will invalid due to the deceased’s incapacity.
Who is entitled to bring an action contesting an estate?
Only the following people can apply to contest an estate:
- your spouse or domestic partner (or both)
- any former spouse or domestic partner, unless a particular type of financial agreement, entered into on or after 1 January 2025, was in force between you and your former partner
- your child
- your stepchild, if they are vulnerable due to disability, depended on you when you died, cared for you before you died, or they or their parent contributed to your estate
- a stepchild under the age of 18, if you were looking after them financially before you died
- your grandchild, if their parent (your child) died before you, or you were looking after your grandchild financially before you died
- your parent, if they cared for you or you cared for them before you died
- your sibling, if they cared for you before you died.
How long do I have to contest an estate?
In South Australia, an application to contest an estate must be made within six months of a Grant of Probate or Grant of Letters of Administration.
Changes to South Australia’s inheritance laws
The Succession Act 2023 came into effect on 1 January 2025 and it changed the rules regarding inheritance claims as the deceased person’s wishes are now the primary consideration in family provision claims.
Scammell & Co. Lawyers is one of South Australia’s leading and trusted estate administrators and can provide advice on these new laws as well as expert guidance to those wishing to dispute an estate.
What to expect during your first meeting with a lawyer in Adelaide
Are you about to meet with your lawyer for the first time?
To ensure the meeting is as valuable as possible – and to help save on legal fees – it will help if you come prepared with:
- a list of questions you want to ask
- all the documents relating to your matter (learn more about that below)
- your identification.
Your initial meeting
You will have to provide a detailed overview of your matter to help your lawyer give you the options available to you. For example, if you are meeting about a family law matter, your lawyer may let you know whether mediation is advised or if litigation is required.
What to bring
Depending on your specific matter, it would be beneficial to bring supporting documents to your appointment. For example, if you are meeting to have your will prepared, bring some/all of the following:
- a list of your beneficiaries, including their addresses, dates of birth and contact numbers
- a list of your assets and liabilities, including bank account information
- copies of previous Wills, Powers of Attorney, Powers of Guardianship
- copies of your Certificate of Title/s relating to property you own (if you’re unable to obtain copies your lawyer may perform a search of the title on your behalf)
- copies of your last superannuation statement/s, including confirmation of any binding death nomination forms
- copies of the trust deed/s relating to a family trust or self-managed superannuation fund
- details of any business/partnership
- details of any shares
- copies of any life insurance policies
- copies of any family court orders or other orders
- contact details for your accountant/financial planner.
The team at Scammell & Co. Lawyers will listen to you, provide clear and practical advice and work hard to resolve your matter.
How Adelaide lawyers can assist with family law matters
The legal process can feel complex and overwhelming where family matters are concerned. At Scammell & Co. our family lawyers will guide you towards the best possible outcome starting with a free and confidential case assessment and phone consultation to outline your options.
Our family lawyers will provide you with confidential advice on:
- binding financial agreements (including pre and post nuptial agreements)
- child custody
- child support
- de facto relationships
- divorce
- property settlements
- spousal maintenance.
What are my options to resolve a family dispute?
The law requires separated parties to make a genuine effort to resolve their dispute before filing proceedings in Court. A Scammell & Co. family lawyer can assist you to communicate and negotiate a settlement and attend a lawyer-assisted mediation with you.
If parties can’t come to an agreement, the dispute may need to be resolved through litigation, which may take months (if not longer) to resolve with the parties obliged to continue to negotiate.
If the parties cannot reach agreement, the matter may be referred to trial where a judge will make a decision based on the evidence and arguments presented.
Advice tailored to your circumstances
Our experienced family lawyers will thoroughly evaluate your case and provide you with practical advice. We will discuss with you the unique aspects of your situation to offer you tailored advice and effective solutions, ensuring your interests are fully represented.
Whether mediation is advised or litigation is required, Scammell & Co.’s team of family lawyers is committed to representing your interests and supporting you throughout the process.