Make a deceased estate claim or Will challenge
Fight for your rightful inheritance when a Will doesn't adequately provide for you.
Someone you cared about has died and left a Will that does not reflect the reality of your relationship, your contributions, or what you genuinely need. The Will may be legally valid – but in Australia, valid does not mean fair, and the law recognises that.
Family provision legislation gives eligible family members and dependants the right to apply to the court for adequate provision, even where the will says otherwise. You may have a stronger claim than you think. The question is whether you understand your rights and act on them before the time limit closes.
What is a family provision claim?
A family provision claim (otherwise called a will challenge) is an application to the Supreme Court asking the court to make provision for an eligible person from a deceased estate, regardless of what the will says. In South Australia, the Inheritance (Family Provision) Act 1972 allows eligible persons including spouses, de facto partners, children, step-children, and certain dependants to apply for provision where the Will (or the intestacy rules) has not made adequate provision for them. The claim does not challenge the legal validity of the Will, it accepts it but asks the court to intervene in the interests of adequate provision.
Who can make a family provision claim in South Australia?
What is the time limit for making a family provision claim?
What factors does the court consider in a family provision claim?
Can I make a claim if there is no will?
Yes. If the deceased died without a Will, the estate is distributed under intestacy rules. You may still have the right to apply for family provision if the intestacy distribution does not adequately provide for you.
You receive an honest assessment of your claim's strength before you commit.
Your claim is built with the specific evidence courts look for.
We put you in the strongest position to achieve a result without the cost and stress of a trial.
Ready to secure your fair inheritance?
Get the honest assessment your situation deserves
- We will assess your eligibility to make a family provision claim.
- We will advise on the time limits that apply and your prospects of success.
- We will gather evidence and prepare your legal case.
- We will represent you in negotiations or court proceedings to secure fair provision.
Does this describe your situation?
You are dealing with grief and the additional shock of discovering that someone who had a genuine relationship with you has left you inadequate provision or excluded you entirely.
Perhaps they changed their Will late in life under circumstances you were not aware of. Perhaps the estate has gone to a new partner, or to relatives who were largely absent while you were present. Perhaps you are the person who was there through illness, who gave up time and sometimes income to be present, and the Will reflects none of that.
You know something is wrong. You are not sure whether the law gives you any remedy, or how long you have to find out.
What's included in your estate claim service
- Family provision claim assessment and advice.
- Evidence gathering and case preparation.
- Estate valuation and asset analysis.
- Mediation and court representation.
When Wills don't reflect reality
Family provision claims carry strict time limits, and that window runs whether or not you knew it existed. Many people miss it entirely: they are processing grief, managing family tension, and waiting to see how the estate unfolds before deciding whether to act.
By the time the picture is clear, the deadline may have passed. Even if you meet the deadline, a claim built on incomplete evidence or a poor legal strategy often settles for far less than it should, or fails in court when it could have succeeded with proper preparation. The person who provided years of care, who was financially dependent, or who contributed to the assets now being distributed to others, ends up with nothing because no one told them in time that they had the right to ask.
How we build and pursue your claim
We review the Will, the estate, and the nature of your relationship with the deceased to give you an honest assessment of whether you have a viable family provision claim and what it is realistically worth.
If the grounds are there, we gather the evidence that courts actually need: financial records showing dependency or contribution, documentation of the relationship, the deceased’s stated intentions, and valuations of the estate. Most family provision claims resolve through negotiation or mediation before they reach a full hearing. We pursue that path where it can achieve a fair result, because it is usually faster, less costly, and less damaging to the family relationships that survive the estate.
What you receive at the end is provision that reflects what you were genuinely entitled to.
From uncertainty to a clear position on your entitlement.
Assess your claim
We review the Will, your relationship with the deceased, and your financial circumstances to assess the strength of a family provision claim.
Build your case
We gather evidence, value the estate, and develop a legal strategy designed to secure the provision you are entitled to under the law.
Negotiate or litigate
We represent you in mediation or court proceedings to obtain a fair result that reflects your relationship and genuine needs.
Experienced estate litigators ready to fight for your inheritance.
We know how painful it is to feel that a document signed years ago now defines what your relationship was worth. Pursuing a family provision claim requires you to talk about money and need at the most emotionally charged time of your life – and to do it while navigating a legal system that is unfamiliar and, at times, adversarial.
Our estate lawyers have represented beneficiaries in family provision matters across a wide range of estate sizes and family circumstances. We approach these cases with the understanding that what is at stake is not just money, but recognition, we pursue them with that in mind.
We understand you want to know the cost, before we get started.
We will map out our process, from beginning to end, so you know what the journey will look like before you get started.
We will provide you with a clear and detailed Work Proposal covering each step along the way.
Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.
Our great lawyer guarantee
We want to be part of your team over the long term. We achieve this by adhering to these core principles:
Take the time
We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.
Share our knowledge
We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.
Stick to our knitting
We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.
Work as one team
Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.
Fair pricing
For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.
It's your show
We're not in this for our egos. We're in it for a front row seat to witness your success.
Think you may have been inadequately provided for?
Book a call today and we will give you an honest assessment of your position, including whether you have a viable claim and what the realistic process and outcomes look like.
