Skip to content

Choose one of three locations

Adelaide
Ridgehaven
Smithfield

Inheritance Claims and Will Disputes

If you have been left out of a Will or you feel that you haven’t been properly provided for in the Will you should seek legal advice as to whether you have a claim for further provision from the estate of the deceased person.

The Inheritance (Family Provision) Act is designed to ensure that a family member of a deceased person receives adequate provision out of the deceased’s estate despite what is contained in the Will.

Who can claim the benefit of the Act?

There are various classes of persons who can make a claim including the spouse, de facto or same-sex partner of the deceased, the child, grandchild and a parent of the deceased.  In some circumstances, a brother or sister of the deceased and even a former spouse of the deceased can make a claim.

What can you do?

As there are strict time limits imposed by the Act, it is crucial that you seek legal advice from us as soon as possible, as a claim must be made within 6 months of the Grant of Probate (or the Letters of Administration in circumstances where a person has died without a Will.) Only in very limited circumstances will a court grant an extension of time to bring a claim under the Act.

If you have already given notice to the executor or administrator of your intention to make a claim, Court proceedings must be filed and served on the executor within 3 months of that notice.

What we can do

In considering your matter, we will advise you as to whether you have a claim and the steps involved in pursuing an inheritance claim.

Generally, in such matters, the Court will consider whether a claimant has not been provided for by the deceased by examining all the circumstances of the matter including –

  • the size of the estate;
  • the age, health and financial position of the claimant;
  • the relationship between the deceased and the claimant;
  • any assistance provided to the deceased by the claimant; and
  • the moral duty of the deceased to provide for the claimant.

The majority of Will disputes are settled, at the early stages of the matter and prior to the matter proceeding to trial.

We understand that Will disputes are a sensitive and difficult area between family members and we take a proactive and pragmatic approach to achieving a successful resolution of matters in a cost-effective and timely manner.

Executors and beneficiaries defending claims

We also provide guidance to executors, if Court proceedings have been issued by a claimant, in particular, advising as to the executor’s role in the Court action and the various documents and information that the executor will be required to provide.

Similarly, if you are a beneficiary in a Will and you want to protect a provision made to you in the will, we will provide you with expert advice as to how to defend your inheritance and maintain the provision made to you by the deceased.

Free Initial Consultation

At your first free initial consultation, we will consider your instructions and any documents provided, advise as to the merits of your claim and explain the steps involved in making a claim and any subsequent Court process.

We will also provide you with an estimate of costs in pursuing such an action.

Call us now to arrange a free first consultation with an experienced estate litigator.  Phone 8231 1363 or click here to make an enquiry by email.

Testimonials

"[my solicitor] spoke in easy terms for us to understand."

Peter, Klemzig

"Websters Lawyers provided us with excellent support and legal advice every step of the way. Their expertise in legal matters is unmatchable. They were extremely professional and courteous. We really thank then for their excellent service"

Gary, Golden Grove

"My overall experience with Websters Lawyers was one of great ease at a very difficult time in my life. [my solicitor] answered all my questions promptly and explained everything to me that I needed to know."

Sheryl, Glengowrie

"Making a will is fraught with problems and very emotional. [our solicitor] walked us through the process step by step, ensuring we got exactly the Will we wanted. Thankyou!"

John, Ridgehaven

"[my solicitor] was highly professional and approachable. I felt comfortable asking questions relating to my case. I am very happy with the outcome, I recommend Websters Lawyers."

Angela, Hallett Cove

"Very professional and thorough"

Sylvia, Greenwith

"Most helpful and all of my questions clearly answered and explained. Very courteous"

Peter, Hillbank

"I was very impressed by the highly professional and thorough conduct of Websters Lawyers"

Angela, Hallett Cove

"I was very impressed by the highly professional and thorough conduct of Websters Lawyers"

Francesca, St Agnes

"We found the process of purchasing a new home stress free with the professionalism provided by [our solicitor] & Websters Lawyers."

Rob, Paralowie

"I found [my solicitor] and the other staff at Websters Lawyers very professional. [my solicitor] handled the difficult subject of making a will by clearly explaining the steps and processes. The whole process was very efficient"

Joey, Kurralta Park

"My solicitor was prompt and efficient at getting my claim completed J"

Marilyn & Stan, Lightsview

"Happy with service received and fairly priced. [my solicitor] very approachable."

Devesh, Albert Park

"Very professional legal service, good advice. I will continue to consult on future legal matters. I’m please to advise I have recommended two people to Websters Lawyers due to the service I received from [my solicitor]"

Veronica, Modbury Heights

"Very satisfied – especially with my hearing problem. [my solicitor] and [her assistant] were very patient"

Patricia, Ingle Farm

"I contacted Websters Lawyers on the recommendation of a former colleague and found the level of service exceeded what I expected"

Belinda, Smithfield

"I have engaged [my solicitor] on two occasions to handle estate probate matters and have found her service to be prompt, efficient and very professional. Thank you."

David, Gumeracha

"The service was impeccable"

Michael, Trott Park

"[my solicitor] was highly professional and approachable. I felt comfortable asking questions relating to my case. I am very happy with the outcome, I recommend Websters Lawyers."

Belinda, Smithfield

"I found Websters Lawyers to be accurate and forthcoming. Felt like I was important."

David, St Agnes

"[my solicitor] was very clear and concise with all instructions. I was very happy with the outcome and pleased to have a professional represent me"

Richard, Wynn Vale

"I was very happy with my lawyer. Keep doing what you do"

Jarrad, Elizabeth Vale

"Lived up to their word."

Robert, Ridgehaven

"Websters took an extremely stressful time for me and made me feel comfortable and confident. They achieved the best possible outscome for my situation and came in at a lower cvost than first estimated so I couldn’t be happier with the service, process or people. Thank you"

David, Smithfield

"Very happy with the overall outcome with Websters Lawyers"

Gary, Craigmore

"All our questions were answered. A very good experience. I will continue to use Websters and recommend your firm to my friends."

David, Gumeracha

"I have engaged [my solicitor] on two occasions to handle estate probate matters and have found her service to be prompt, efficient and very professional. Thank you."

Kevin, Findon

"[my solicitor] was great, he kept me informed all the way through and provided great advice which resulted in a great outcome"

Fiona & Phil, St Agnes

"Lawyer was helpful, unhurried and explained complex matters in easy to understand language. Provided information and advice over and above what we required."

Gail, Greenwith

"The initial phone conversation was very informative and professionally conducted. [my solicitor] who arranged our wills clearly explained everything and was very professional. We were very satisfied"

Wendy, Wynn Vale

It doesn't cost you anything to know where you stand

Subpage form
What is the best time to call you? *
:
Scroll To Top