The best way to avoid a dispute is to have a legally drafted Will that clearly states your intentions, and to review your Will regularly to ensure that it is up to date. If our Wills & Estates team prepare a Will for you then we can advise you on how to minimise the possibility of your Will being challenged or contested or your estate being distributed other than how you intend.

Wills are often challenged or contested by a spouse (including a domestic partner) or children who feel that they were not properly provided for in the Will. This commonly happens when there are several family members with competing interests such as a new spouse and a child from a previous relationship. Some Wills are challenged/contested when it is alleged that undue pressure was applied to the person who made the Will or that they did not have the mental capacity to make the Will when they did.

Whatever the origin of the dispute our first step is to get a copy of the Will and to make an assessment about the likelihood of the claim being successful. We try to resolve these disputes quickly and cost effectively, by negotiation. If that isn’t possible we have the skills and experience to take the claim to Court. We can also take action to make sure that the assets in the estate are protected while the dispute is being resolved.

In SA, a claim for further provision under the Inheritance (Family Provision) Act must be made within 6 months of Probate being granted.  There are different time limits for other claims and other jurisdictions.  We recommend that you get legal advice as soon as possible after the dispute arises. Our Wills & Estates team at TGB Lawyers can help you if you are contesting a Will, or if you are involved in any way with an Estate dispute.