Adelaide Contested Probate Solicitors - Challenge South Australia Wills

LAWYER HELPLINE: 1800 455 886

Our Adelaide contested probate solicitors deal with all disputed testamentary matters including taking or defending applications to a court of law to challenge the validity of a will or dispute probate and making or defending financial applications from alleged dependants. Our Adelaide contested probate solicitors offer free advice with no further obligation. If you would like to speak to a specialist disputed probate lawyer just call the free helpline or email our solicitors offices.

Executors & Administrators

Most Australians will leave assets at their death. How these assets are distributed depends on whether or not there exists a valid will. If there is a will it usually appoints at least one executor whose job it is to deal with the assets of the estate in accordance with the will. If there is no will or if the will does not appoint an executor it is necessary for an administrator to be appointed. In either case the person who is dealing with the estate must obtain either a grant of probate or letters of administration to give them the official authority to administer the estate. Our Adelaide contested probate solicitors are often instructed by beneficiaries, executors and administrators to act on their behalf in regards to litigated matters including contested probate and disputed wills.

Valid Will

An Adelaide contested probate solicitor acting on behalf of a potential beneficiary, executor or administrator in a disputed will initially considers whether or not the will in question is valid failing which an earlier will may take precedence in the absence of which the intestacy rules will apply. The intestacy rules are the statutory order of precedence for distribution of assets where there is no will, the priority for which is based on relationship to the testator. To be valid, a will must usually satisfy the following basic requirements :-

  • the person making the will (testator) must have legal capacity to do so
  • the will must be in writing and the testator must sign the will
  • the will must be witnessed and executed in accordance with legislative requirements

Executors Duties

The duties of an executor or administrator are broadly the same. The assets of the estate must be identified and gathered in. The debts must be paid. The assets must be distributed either in accordance with the terms of the will or where there is no will in accordance with the intestacy rules. Both executors and administrators remain personally liable to the beneficiaries for any financial errors which can in substantial or complicated estates be an onerous task. Our Adelaide contested probate solicitors will represent beneficiaries, executors or administrators in challenging a will or contesting probate.

Adelaide Contested Probarte Solicitors

Our Adelaide contested probate solicitors also deal with challenging wills and disputing probate on behalf of potential beneficiaries. If you intend contesting probate our Adelaide probate solicitors offer free advice without further obligation. Our testamentary solicitors also deal with applications relating to dependants for financial support or defending such applications on behalf of executors and administrators. If you need any help on these matters just call the helpline or email our solicitors offices.

The Supreme Court of South Australia deals with grants of probate and administration together with associated disputes over estates. The Probate Registry is responsible for determining, on application for a grant of representation, what document or documents constitute the last will of the deceased and/or who is entitled to be the personal representative of the deceased.

Probate forms can be obtained online :-

The probate office for South Australia is situated at:-

    Probate Office
    Supreme Court of South Australia
    Registrar's Office
    1 Gouger Street
    South Australia
    SA 5000

All births, marriages and deaths in South Australia are on record at :-

    South Australia Births, Deaths and Marriages
    Registration Office
    Level 2
    Chesser House
    91-97 Grenfell Street
    South Australia
    SA 5000

    Postal address:
    GPO Box 1351
    South Australia
    SA 5001

HELPLINE: 1800 455 886