Probate & Estates Lawyer Adelaide

Probate & Letters of Administration

If you have been named the Executor of a Will, you may not know what your responsibilities are, or how to go about fulfilling them. A Grant of Probate from the Supreme Court of S.A. is required before a person’s estate can be distributed as per the Will. A Grant of Letters of Administration by from the Supreme Court of S.A. is required before a person’s estate can be distributed where, for example, a person dies without a Will (intestate).

Where the estate owns real estate, cars or other significant assets, the legitimacy of the Will and the instructions it contains need to be proved before the assets of the estate can be distributed in accordance with the Will. Once Probate is granted, it is legal recognition of the contents of a deceased’s will and allows their estate to be administered in accordance with their wishes. Grants of Probate and Letters of Administration must be sought from the Probate jurisdiction of the Supreme Court of South Australia.

As an Executor, knowing how to go about applying to the Supreme Court to prove a Will may be a daunting prospect but, in most cases, a necessary one. We are experienced in the administration of Estates and dealing with the Probate Registry of the Supreme Court of South Australia. We can clarify the processes for you, prepare and lodge all necessary documentation for you, communicate with official assets holders such as banks and superannuation funds, and prepare all necessary documentation to administer the Will.

When the time comes to administer a Will, we can assist you.

Contested Estates

You may have been inadequately provided for in a Will.

Alternatively, you may have been excluded from a Will altogether.

You may have a right to challenge a Will or claim a greater portion of an Estate.

There are a number of circumstances allowing you to challenge a Will, or make a claim for greater provision from an estate. You should seek advice where:

  • You were dependent on the deceased and you were not provided for in a will;
  • You feel the Will is unfair;
  • The provision made for you in the Will is inadequate;
  • You feel that the deceased was unduly influenced by a person when making their Will;
  • You feel that the deceased was not of sound mind when they made their Will;
  • The deceased passed away without a Will; or
  • The Will is unclear.

Strict time limits apply in these matters so it is important that you seek legal advice as soon as possible.

Call Evans Testa Lawyers on  8263 2400 to arrange an appointment

Inheritance Claims

Inheritance Claims be made against an estate by a person who feels that they have not been adequately provided for.

In South Australia the persons who are entitled to make a claim against the assets of a deceased’s estate are:

  • the spouse of the deceased person;
  • anyone that has been divorced from the deceased person;
  • the domestic partner of the deceased person;
  • a child of the deceased person;
  • a child of a spouse or domestic partner of the deceased (subject to certain conditions);
  • a grandchild of the deceased person; or
  • a parent or sibling of the deceased person (subject to certain conditions).

An inheritance claim will be assessed by the Court considering a number of factors including:

  • The nature of claimant’s relationship with the Will maker;
  • The claimant’s current financial position;
  • The size of the estate; and
  • The competing interests of the other named beneficiaries and any other person making a claim.

We can also help you defend challenges to an Estate.

We have successfully handled a large number of matters involving Contested Estates and Inheritance Claims for our clients and, in some cases, can defer our fees until the matter has resolved.

We aim to resolve these matters by negotiation and avoid the need to go to Court.

Strict time limits apply in these matters so it is important that you seek legal advice as soon as possible.

Call Evans Testa Lawyers on  8263 2400 to arrange an appointment