Disputes over a deceased estate generally fall into one of two categories: challenging whether a will is valid at all, or claiming that a will (or an intestacy outcome) has not made adequate provision for you. The two involve different legal tests, different evidence and, importantly, different time limits.
Contested estates in South Australia are now governed by the Succession Act 2023 (SA), which replaced the Inheritance (Family Provision) Act 1972 from 1 January 2025 and introduced updated eligibility criteria for family provision claims.
Family provision claims
A family provision claim is made by someone who believes they have not received adequate provision from an estate — whether under a will or under the intestacy rules — given their relationship to the deceased and their needs.
Who can claim
Eligible categories generally include a spouse or domestic partner, children, and in some circumstances former spouses or partners, stepchildren, grandchildren, parents and siblings. The Succession Act 2023 refined these eligibility criteria to focus more closely on people who can demonstrate genuine need, rather than any qualifying relationship automatically supporting a claim.
The strict time limit
A family provision claim must generally be made within six months of the grant of probate or letters of administration, under section 118(1) of the Succession Act 2023. The court has power to extend this time limit in limited circumstances, but only where the estate has not already been fully distributed — so acting promptly matters. If you are considering a claim, get advice as early as possible rather than waiting until close to, or after, the deadline.
What the court considers
The court weighs factors including your relationship with the deceased, your financial position and needs, the size of the estate, competing claims from other beneficiaries, and any reasons the deceased may have had for the provision they made (or did not make).
Challenging the validity of a will
A different kind of dispute arises where someone believes a will itself is not valid — for example, because of the deceased’s mental capacity at the time it was made, undue influence or pressure from another person, suspected forgery, or a failure to meet the formal requirements for signing and witnessing. These challenges go to whether the will should be recognised at all, rather than whether its outcome was fair.
Where these disputes are heard
Contested estate matters in South Australia are heard in the Supreme Court of South Australia. Costs in estate litigation can be complex, since costs are sometimes paid from the estate itself rather than by the losing party personally — we can explain how this is likely to apply to your situation.
Frequently asked questions
How long do I have to make a claim?
Generally six months from the date of the grant of probate or letters of administration. This is a strict statutory time limit, so early advice is important.
Can I claim if I was left out of the will entirely?
Being left out does not automatically prevent a claim if you fall within an eligible category and can demonstrate genuine need. We can assess your circumstances.
What does it cost to contest an estate, and who pays?
Costs depend on how the matter proceeds and can sometimes be paid from the estate rather than by you personally, though this is not guaranteed and depends on the circumstances. We will explain the likely costs position early.
Can more distant relatives, like grandchildren or siblings, make a claim?
In some circumstances, yes, though the current eligibility criteria focus more closely on demonstrated need than on relationship alone. We can assess whether your circumstances are likely to qualify.
What is the difference between contesting a will and making a family provision claim?
Contesting validity challenges whether the will is legally effective at all. A family provision claim accepts the will (or intestacy outcome) but argues it did not adequately provide for you.
Estate disputes are shaped by the documents and the administration that came before them; our wills & estates services page provides that wider context.
If you are considering contesting an estate, or defending one against a claim, contact WPI Lawyers promptly given the strict time limits involved.