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Understand your entitlements under a deceased estate

We give you an independent answer on what you are entitled to, before the time limit decides it for you.

When someone dies, the people closest to them often have no idea what they are actually entitled to, and the answer is rarely as simple as reading the will. A will is not the last word. Intestacy rules decide the estate where there is no valid will, family provision legislation lets a court adjust a will that did not provide adequately, and dependency can create an entitlement that exists whether or not you are named anywhere in the document. Some of those time limits run from the grant of probate, not from the day you find out. If you are unsure where you stand, the useful move is to find out while you still have the window.

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An answer that is not second-hand

You get your position from someone with no interest in the outcome, rather than from the people whose share it affects.

Every pathway checked

The will, the intestacy rules, family provision and dependency are each tested against your actual circumstances, not just the obvious one.

The window identified while it is open

You find out how long you have to act at the point where that information is still useful.

What decides your entitlement from a deceased estate?

What you can receive from an estate depends on whether there is a valid will, what your relationship to the deceased was, and whether particular legislation applies to your circumstances. In South Australia the Administration and Probate Act, the Inheritance (Family Provision) Act and the intestacy rules each open a different pathway to an entitlement, and more than one can apply at once. Working out which pathway is yours, and whether it is still open, is the starting point for every decision that follows.

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What am I entitled to if there is no will?

Where someone dies without a valid will, the estate passes under the intestacy rules of the relevant state. Those rules set a priority order among family members. The result is often not the one the family expected, particularly in a blended family.

Can I challenge a will if I was not adequately provided for?

Yes. Family provision legislation lets an eligible person apply to the court for provision out of the estate. It applies where the will did not provide adequately for them. Who is eligible, and how long they have, varies between states.

How quickly do I need advice?

Quickly. Family provision claims and some other estate challenges run to strict time limits. In South Australia a claim generally has to be brought within six months of the grant. Getting advice early keeps your options open rather than recovering them later.

What if I contributed but I am not a beneficiary?

Contributions can matter a great deal. Providing care, working in a family business, or paying for improvements to property are all weighed by a court. They can support an entitlement even where the will does not mention you.

Unsure what the estate owes you?

We give you an independent assessment of your entitlement, covering every pathway the law opens and the time limit attached to each one.

The people telling you that you have no claim are often the people who benefit from that

Most people assume that not being named in a will is the end of it. It frequently is not: intestacy rules, family provision legislation and dependency claims each create entitlements that can exist alongside a will or in the absence of one. The information usually reaches you second-hand, from family or from an executor, and they may be wrong without meaning to be, or right in a way that happens to suit them.

We will review the will, or the intestacy position where there is none.
We will assess your entitlement under every pathway that applies to you.
We will confirm the time limits and how much of the window is left.
We will explain your options in plain language and put them in writing.
We will act for you if you decide to pursue a claim.

Is this your situation?

You do not know where you stand. Perhaps you were left out of the will, or named for much less than the relationship would suggest. Perhaps there is no will at all and nobody can tell you how the intestacy rules treat a family shaped like yours. Perhaps a relative, a co-executor or a bank has already told you that you are not entitled to anything, and you are not confident that is right. You are grieving, the family situation may be difficult, and you are being asked to accept a legal conclusion you have no way of checking. What you want is an independent read on your position rather than the version that is most convenient for everyone else.

What's included in your entitlement assessment

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Will and intestacy review.
Assessment of every entitlement pathway open to you.
Written summary of your rights and your options.
Time limit advice and the steps that protect your position.
Advice on prospects if you decide to claim.

What not knowing costs

People miss legitimate entitlements every year for one reason: nobody told them the entitlement existed. Most Australians do not know that family provision legislation lets a court adjust what a will provides, or that the right can extend to someone the will never mentions.

The time limits are short and they are not forgiving. Someone who waits to see how the estate unfolds, or who assumes the executor is getting it right, can find the window shut before they understood what was in it. Discovering that you had a viable claim and that it expired while you were being polite about it is about the worst outcome available here, because unlike almost everything else in an estate, it cannot be reopened.

How we get you a clear answer

We review the will, or the intestacy position where there is no will, alongside your relationship with the deceased, your financial circumstances and the legislation that applies to them. You get a complete picture of your legal position rather than a fragment of it.

We tell you what you may be entitled to claim, what the prospects realistically are, what pursuing it would involve and exactly how long you have. You leave with an answer you can act on. If the answer is that you have a strong claim, you will know why. If it is that you have a marginal one or none at all, you will know why that is too, and what happens if you let it go. Both are worth having, and only one of them is available after the deadline.

Three steps to knowing where you stand

From an uncertain position to an answer you can act on.

Look at the documents

We review the will or the intestacy position, the estate, and your relationship with the deceased.

Set out your options

We tell you what you may be entitled to claim, what it is realistically worth, and how long the window stays open.

Act if you want to

If you decide to pursue an entitlement, we take it on and act for you from there.

An independent read on where you stand

Being unsure of your legal position while you are grieving, and while the family is tense, is genuinely disorienting. The people around you may not be giving you accurate information, sometimes because they do not have it, and sometimes because what you are entitled to changes what they receive.

We look at the will or the intestacy position, your relationship with the deceased, your financial circumstances and every pathway the legislation opens, and we tell you what we find. We have found entitlements for people who had been told they had none, and we have explained to others, plainly, why the law will not give them what they feel they are owed. We will give you the second answer as readily as the first, because you are better off with it than without it.

Our great lawyer guarantee

Six principles we hold to, whatever you bring us and however long it takes.

Take the time

We listen carefully to understand what you want to achieve, then step you through the advice and the documents.

Share our knowledge

We pass on as much as we can, so you can make your own informed decisions.

Stick to our knitting

We only do what we are good at, so you never pay for our learning.

Work as one team

Someone is always available to answer your question or point you the right way.

Fair pricing

A fixed or capped quote for advice and documents, so you do not carry the price risk.

It is your show

We are in it for a front row seat to witness your success, not for our egos.

Been told you have no claim?

Tell us about the will, the estate and your relationship with the person who died. We will tell you what you are actually entitled to, and how long you have to do something about it.

Speak to a lawyer 1300 654 590