Many of us know of family or friends who have contested a Will.

Usually, it is on the grounds of inadequate provision.

In South Australia, the Court has the power to order an estate to make greater provision for a family member than the deceased person intended.

This often prompts the question, “then why even bother having a Will?”

The answer is simple.

Without a Will you give up the right to make important decisions like who you want to be the executor and how you want your assets estate divided.

Your wishes are paramount and a Court will not interfere unless it can be shown by a claimant (normally a child or dependent) that they have not been properly provided for in your Will.

There is a special law for this called the Inheritance (Family Provision) Act (SA) that sets out all the details.

A valid, well drafted Will is the cornerstone of a good estate plan and you should take the time to get proper legal advice to prevent your Will from being challenged later on.

For more legal advice about Wills and Estates, please send us a message or call on 1800 324 324 to arrange a meeting with one of our specialist solicitors.