TRELOAR & TRELOAR

Inheritance (Family Provision) Act

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Where a person feels that they have not received adequate provision under a Will (or under an intestacy) they may make an application to the Court pursuant to the Inheritance (Family Provision) Act for further provision.  The persons who may apply include spouses, divorced spouses, de facto spouses, children, grandchildren, parents, brothers and sisters.  An applicant will generally need to show that he or she is in need or has in some way assisted to build up the Estate of the deceased.

An application is commenced by a Summons in the Supreme Court of South Australia which must be issued and served on the executors within 6 months of the Grant of Probate or Letters of Administration.

As time limits are very tight, if you are considering contesting a Will it is essential that you obtain advice as early as possible.