Understand your entitlements under a deceased estate
Not sure what you're entitled to from an estate? We'll assess your legal rights.
When someone dies, the people closest to them often have no idea what they are legally entitled to receive, and the answer is far more complex than most people assume.
A Will is not the final word: intestacy rules apply when there is no valid Will, family provision legislation allows courts to override inadequate wills, and dependency claims can create entitlements that exist independently of the will entirely. The time limits on some of these claims are strict and run from the date of probate, not from when you discover the issue. If you are uncertain about your position, the right move is to understand it clearly before the window closes.
What determines your entitlement from a deceased estate?
Your legal entitlement from a deceased person’s estate depends on several factors: whether there is a valid Will, your relationship to the deceased, and whether any special legislation applies to your circumstances. In South Australia, the Administration and Probate Act, the Inheritance (Family Provision) Act, and intestacy rules all create different pathways to an entitlement. Understanding which pathway applies to you and acting before relevant time limits expire is the starting point for any decision about what to do next.
What if there is no Will? What am I entitled to?
If someone dies without a valid Will, the estate is distributed according to the intestacy laws of the relevant state or territory, which set out a priority order for family members. We can advise on how the intestacy rules apply to your situation.
Can I challenge a Will if I feel I was not adequately provided for?
How quickly do I need to get advice about my entitlements?
What if I contributed to the deceased's estate but am not a beneficiary?
Contributions to an estate such as providing care, working in a family business, or improving property may be taken into account in a family provision claim or give rise to other legal claims. We will assess your specific circumstances and advise on all available options.
You know clearly what you're entitled to, and what you're not.
Every applicable pathway has been assessed against your specific circumstances.
Time limits have been identified and you understand the window in which you need to act.
Not sure what you're entitled to from an estate?
Your inheritance rights made clear
Most people assume that if they are not mentioned in a will, they have no rights. Many do not know that intestacy laws, family provision legislation, and dependency claims can all create entitlements, even where a Will exists, or where there is no Will at all.
- We will review the Will, any intestacy rules, and your relationship with the deceased.
- We will assess your potential entitlements under all applicable laws.
- We will explain your options clearly in plain language.
- We will advise on next steps if you wish to pursue a claim.
Is this your situation?
You are not sure where you stand. Perhaps you were excluded from the Will, or named for less than you expected given the relationship you had with the deceased. Perhaps there is no Will and you do not know how the intestacy rules apply to your family situation. Perhaps someone – a family member, a co-executor, or a financial institution – has told you that you are not entitled to anything, and you are not confident that is accurate.
You are grieving, navigating family dynamics that may be complicated, and dealing with legal complexity you were not prepared for. You want an independent, honest assessment of where you actually stand – not what it would be convenient for others to have you believe.
What's included in your estate entitlement advice
- Will and intestacy review.
- Entitlement assessment and legal advice.
- Written summary of your rights and options.
- Advice on time limits and claim prospects.
When entitlements aren't clear
Every year, people miss legitimate inheritance entitlements simply because they did not know those entitlements existed. Most Australians are unaware that family provision legislation gives courts the power to override a Will and provide for family members who were left with inadequate provision – or that this right can extend to people who are not named in the Will at all.
The time limits are strict and unforgiving, a family member who waits to see how the estate unfolds, or assumes the executor is acting correctly, can find that their window has closed entirely before they understand what was available. Discovering that you had a viable claim and it expired because no one told you in time is one of the most difficult legal outcomes there is.
How we clarify your position
We review the Will, or the intestacy position if there is no Will, alongside your relationship with the deceased, your financial circumstances, and all applicable legislation to give you a complete, honest picture of your legal position.
We explain what you may be entitled to claim, what the realistic prospects look like, what the process involves, and how much time you have to act. You leave that conversation with clarity rather than uncertainty. Whether the advice is that you have a strong claim, a marginal one, or none at all, you will understand exactly why, what your options are, and what happens if you choose not to pursue them. That is worth knowing regardless of which direction it points.
From uncertainty to a clear picture of where you stand.
Review your position
We review the Will, intestacy rules, and your relationship with the deceased to assess your potential entitlements.
Explain your options
We explain clearly what you may be entitled to claim under the law and the practical steps involved in pursuing it.
Act on your rights
If you wish to proceed, we advise and act on your behalf to secure the entitlement you are owed.
Experienced estate lawyers ready to clarify your inheritance rights.
We know how disorienting it is to be uncertain about your legal rights while you are also grieving and navigating family tension. The people around you may not be giving you accurate information – sometimes because they do not know, and sometimes because your entitlements affect what they receive.
Our estate lawyers give you a clear, independent assessment of your position. We have helped many clients discover entitlements they did not know they had, and helped others understand, clearly and with compassion, why the law could not give them what they felt was fair. Either answer is better than not knowing.
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.
Confused about what you're entitled to?
Call now and we will explain exactly what you may be entitled to receive and give you an honest assessment of your position.
