Phone: (08) 8314 7575 | After hours: 0412 975 081

Phone: (08) 8314 7575 | After hours: 0412 975 081

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Contested Wills and Estates

Unfortunately, some Wills are found to be unenforceable because of the circumstances in which they were signed. This particularly applies with elderly people where it may not be clear that they understood what they were signing. It is also possible that they were under some kind of duress or have been deceived. In these circumstances the Courts will effectively cancel the Will.

It is also possible to challenge a Will on the basis that it has not made adequate provision for somebody who should have been better provided for in the Will and/or that it is in breach of some agreement that the deceased made while he or she was still alive.

Click on the questions below to reveal the answer.

What happens if I am left out of the Will?

In many cases, if you are a spouse, child or grandchild of a deceased person, or if you are in a relationship of dependency upon the deceased person, you may well have a claim for a provision from the estate of the deceased person, even if you have been left out of that deceased person’s Will.

In most cases, the estate would also pay all of your legal costs for incurred in challenging a Will.

Even if you have been included in the Will in a small way, you may have a claim for an increased amount.

What is my risk in taking action to contest a Will … what costs might I incur?

By coming into Scammell & Co. to discuss possible action, the first half hour of your first meeting is free.

If it is decided to contest the Will, it is usual for the estate to pay the legal costs of each contesting party. This means the estate loses, not you. This is not automatic but is usual.

Is there a time limit for me to contest a Will?

The law specifies six months, from the date of Probate. However, it is sometimes possible to get an extension of time.

If possible, claims should be initiated before the Grant of Probate.

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Free legal advice.

If you have some questions, want some advice or want to get the process underway, contact Scammell & Co. to arrange a meeting. In many cases (not all) the first 30 minutes of your first meeting is free. This can give time to outline your matter and for us to give you preliminary advice.

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Port Adelaide
235 St Vincent Street,
Port Adelaide
South Australia 5015

(08) 8314 7575
8.30am-5.00pm
Mon-Fri

Adelaide
86 Franklin Street,
Adelaide
South Australia 5000

(08) 8314 7588
8.30am-5.00pm
Mon-Fri

Walkerville
95A Walkerville Tce,
Walkerville
South Australia 5081

(08) 8342 0300
8.30am-5.00pm
Mon-Fri

Gawler
8 Union Street,
Gawler
South Australia 5118

(08) 8522 7160
8.30am-5.00pm
Mon-Fri

Renmark
9 Murtho Street,
Renmark
South Australia 5341

By appointment
(08) 8586 6764

Tanunda
By appointment
(08) 8314 7588

After hours - 0412 975 081 - Evenings, Weekends, Public Holidays

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