Disputed estates: what you need to know

October 2, 2026
A range of disputes can arise around the distribution of a deceased estate.

You may decide to contest a will because you do not believe you were properly provided for in the deceased’s will. A dispute may also occur if you believe the deceased did not have capacity to prepare a will at the time it was, thereby making the will invalid due to their incapacity.

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.

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 advise you on these laws and guide you through the process of disputing an estate.

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