Clear advice about family provision claims and inheritance disputes.

Considering contesting a will in Gawler? PA Law Pty Ltd assists people who have been left out of an estate, beneficiaries facing a claim, and executors responding to a dispute. Based in Evanston South, we support clients in Gawler, Adelaide and across South Australia with practical, compassionate legal advice.

You may be unsure whether your concern is about an unfair distribution, the validity of a will or the way an estate is being managed. We help identify the issue, assess your options and explain the next steps.

Discuss a Will Dispute | Call 0431 614 696

Time limits matter. Seek advice promptly if a grant has issued, you have received court papers or distribution is proposed. Tell us about any dates in correspondence when you contact us. An enquiry alone does not commence a court claim or stop a deadline.

Contesting a will: which type of dispute?

Seeking adequate provision from an estate

A family provision claim asks the Supreme Court of South Australia to change what an eligible person receives from an estate. It does not require the will itself to be invalid. The issue is whether adequate provision has been made for the person’s proper maintenance, education or advancement in life. Being disappointed with an inheritance does not, by itself, establish a claim.

Challenging the validity of a will

A validity challenge raises a different question: should the document be accepted as the deceased’s will? Concerns may involve testamentary capacity when it was made, whether the person understood and approved its contents, undue influence, fraud or forgery, execution requirements, a later will or revocation. A person needs an appropriate legal interest to bring a challenge.

Suspicion needs careful investigation. An unexpected gift or a difficult family relationship does not alone prove that a will is invalid. Documents, the circumstances of preparation and relevant witness evidence may matter. Read the Legal Services Commission’s explanation of invalid wills.

Disputes about an executor or estate management

Delays, missing information or concerns about an executor’s conduct may require advice about administration duties rather than a challenge to the will. Tell us what has happened and provide the correspondence. Our Estate Administration service explains the broader work involved in finalising an estate.

Who can make a family provision claim in South Australia?

Eligibility is governed by the Succession Act 2023 (SA). Potential applicants include a spouse or domestic partner, children and certain other relatives. Specific conditions or exclusions apply to former spouses and partners, stepchildren, grandchildren, parents and siblings. Being related to the deceased or having received financial help does not automatically establish eligibility.

We assess your relationship, relevant family arrangements and the evidence against the applicable rules. The Legal Services Commission’s family provision guide outlines the categories and conditions. The rules changed on 1 January 2025, so advice based on older eligibility lists may be incomplete.

What does the Court consider?

The deceased’s wishes are the primary consideration under section 116. Relevant matters include their reasons for the gifts made, the applicant’s vulnerability and dependence, contributions to the estate, and character and conduct. Welfare entitlements must also be considered. Eligibility to apply does not guarantee an order or an equal share with other relatives. PA Law can discuss the strengths, uncertainties and practical value of pursuing your claim.

Time limits for contesting a will in South Australia

A family provision application generally must be filed within six months after the grant of probate or administration. The Court can extend time, but an extension is discretionary and the application for it must be made before final distribution. Do not assume that negotiations preserve your position. See section 118 of the Succession Act 2023 (official PDF).

Different disputes can involve different procedures and deadlines. A concern about validity, a request to correct a will and a family provision claim should not be treated as interchangeable. If you do not know whether probate has been granted, seek advice now rather than waiting for someone to contact you. The SA Probate Registry information explains how to locate probate records.

How PA Law helps with contesting a will in Gawler

We provide advice and representation for family provision claims, contested wills and inheritance disputes. Our approach starts with understanding your circumstances and what you want to achieve. We explain the available paths in plain language so you can make informed decisions about the dispute.

Understand the concern. We discuss your role, the family background, the will and any urgent correspondence.
Assess the legal position. We consider eligibility, the nature of the claim, evidence, time limits and practical risks.
Explore resolution. We assist with estate negotiations and settlement discussions, including mediation where appropriate.
Represent your interests. Where proceedings are needed, we guide you through the relevant court process and keep the options under review.

Meet Manal Amro, Principal Solicitor of PA Law. Contact us to arrange an appointment and discuss a suitable consultation format.

Manal Amro, PA Law solicitor advising on contesting a will in Gawler — Manal Amro, Principal Solicitor of PA Law

Responding as an executor or beneficiary

If a claim has been threatened or served, obtain advice before responding substantively or distributing disputed assets. Keep the will, estate records and correspondence available. An executor’s responsibilities can differ from a beneficiary’s personal interests; separate advice may be needed. PA Law assists executors, administrators and beneficiaries to understand the claim and respond appropriately, subject to conflict checks.

Contesting a will: costs and settlement options

What does contesting a will cost?

Costs depend on the issues, evidence, cooperation between parties and whether the matter settles or proceeds to a hearing. Ask us about the scope of work, legal fees, GST and expenses such as court fees or counsel’s fees. We can discuss costs after learning about your circumstances.

Do not assume the estate will pay your legal costs. The Court has discretion over costs, and a party may have to pay their own costs and some of another party’s costs. Consider that exposure alongside the likely benefit of a claim. The Legal Services Commission explains fees and costs in will disputes.

Can a dispute settle without a hearing?

Negotiation or mediation may help parties reach an agreement. Settlement depends on the issues and the people involved; it is not guaranteed. We help you consider a proposal alongside the evidence, expense and uncertainty of continuing proceedings.

In suitable circumstances, an agreement may be recorded in a deed of family arrangement. The rights of everyone affected, legal capacity and possible tax or duty consequences need consideration. Court involvement may be necessary where children or people lacking capacity are affected. See the guide to deeds of family arrangement.

Considering contesting a will? Prepare for your appointment

You do not need every document before asking for help. Bring what you have and identify what is missing:

The will and any earlier wills or codicils available to you.
The deceased’s name, date of death and details of any probate or administration grant.
Your relationship to the deceased and a short timeline of the main events.
Letters, emails, court documents and proposed settlement or distribution dates.
What you know about estate assets, debts and the executor’s contact details.
For a provision claim, information about your finances, needs, dependence and relevant contributions.

Contesting a will: frequently asked questions

Can I claim if I was left out completely?

Possibly. Being omitted does not prevent an eligible person from seeking family provision, but eligibility and the merits still need assessment. Tell us about your relationship and circumstances.

Can an adult child challenge an inheritance?

A child is a potential family provision applicant. Adult status alone does not settle whether a claim will succeed. The Court considers the statutory test and relevant evidence rather than automatically equalising inheritances.

What if there is no will?

A family provision claim can also arise where an estate is distributed under intestacy rules. The absence of a will does not remove the need to check eligibility and deadlines.

Can I obtain a copy of the will?

Certain people have a statutory right to inspect and copy a deceased person’s will, including some people named in current or earlier wills and specified relatives. Once probate is granted, the will becomes publicly accessible through the Court. Read the guide to obtaining a copy of a will, or ask us to assess your position.

Does dementia automatically invalidate a will?

No. The question concerns the person’s legal capacity when the will was made. A diagnosis alone does not answer that question; the circumstances and relevant evidence need assessment.

Can I wait until the family has finished negotiating?

Seek advice about deadlines while discussions continue. A settlement conversation is not a substitute for filing an application where required. Tell us promptly if a grant or proposed distribution date is known.

Can I stop my own will being contested?

No document can guarantee that a challenge will never be made. Careful preparation and a record of relevant wishes can help address potential issues. Visit our Wills service for Gawler for help preparing or reviewing your own will.

Discuss contesting a will with PA Law

If you are in Gawler or elsewhere in South Australia and need advice about an inheritance dispute, contact PA Law. Tell us whether you are considering a claim or responding to one, and mention any urgent dates. We will discuss the assistance you need.

Arrange an Appointment 0431 614 696
manal@palaw.au

For planning ahead, explore our Estate Planning overview.

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This page provides general information about South Australian law and is not legal advice for your circumstances. Liability limited by a scheme approved under Professional Standards Legislation.