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.