probate Articles
Contesting A Will After Probate Granted
February 27th, 2020 by | Contested Estate
We are often asked about contesting a will after probate granted. Generally, the people asking this question are family members of a deceased who have been left out of a Will or have received inadequate provision from the estate. If you consider yourself in this situation, then speak to our probate lawyers today. Overview: Contesting… Read more »
Probate Re-Seal in SA
January 10th, 2018 by | Deceased Estates & Inheritance Claims, Probate, Retirement Villages, Wills & Estate Planning
What is a reseal of a grant of probate? Usually an executor will apply for a grant of probate or letters of administration in the State where the deceased person was residing when they died. Generally, this will also be the place where the deceased held most of their assets. However, if the deceased owned… Read more »
Probate SA
January 6th, 2018 by | Probate, Wills & Estate Planning
What is Probate? Probate is the process by which a deceased person’s will is “proved” in the Probate SA Registry of the Supreme Court of South Australia. Before any executor named in the will can legally deal with a deceased’s person’s assets, the Court must be satisfied that the person’s will is valid and that… Read more »
Is There a Time Limit For Executors to Distribute Estates?
March 22nd, 2017 by | Deceased Estates & Inheritance Claims
One of the most common questions I am asked when dealing with Probate matters is: is there a time limit for executors to distribute estates? Most people are surprised to hear that the answer is “no”. But that is not the end of the story when it comes to administering an estate. To learn more… Read more »
Incorrect Death Certificate Problematic for SA Probate
March 17th, 2017 by | Deceased Estates & Inheritance Claims
From 1 July 2015, all applications for Probate (or Letters of Administration) must be accompanied by an original Death Certificate, or a copy certified by a solicitor. The Probate Registrar has indicated that he will not accept errors on the Death Certificate. This stems from the admirable conviction that the historical records of our State… Read more »
New SA Probate Rules 2015
September 2nd, 2015 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
On 1 July 2015 some long-awaited changes to the rules governing Probate applications in South Australia came into force. The aim was to make the rules simpler, easier to understand and easier to implement. Having worked with the new rules for one year, here are some things to watch out for when preparing to apply… Read more »
Who Can Act As Executor Of A Deceased’s Will?
April 11th, 2015 by | Deceased Estates & Inheritance Claims
If the executor named in a Will cannot act or is unwilling to act and there is no provision for a substitute executor, the question arises as to who can apply for a Grant of Administration (Probate or Letters of Administration) to administer the estate in the original executor’s place? What if the Will does… Read more »
Learn How to Stop Someone Contesting a Will in Australia
September 3rd, 2014 by | Deceased Estates & Inheritance Claims
Contesting a Will can often occur when it comes time to go over the Will of a deceased person. This involves a claim being made under the Inheritance (Family Provision) Act, 1972 (known as an Inheritance Claim) on the basis that the Will maker failed to provide for a family member in their Will where… Read more »
Understanding Who Can Contest a Will
September 3rd, 2014 by | Deceased Estates & Inheritance Claims
In a situation where you believe to have been unrightfully left out of a family member’s Well, you may have the right to contest it. Disputing a will can raise a number of questions, including who can contest a Will? A claim can be made under the Inheritance (Family Provision) Act, 1972 (“the Act”) (known… Read more »
Removal of Executor of Deceased Estate by Court Order
September 2nd, 2014 by | Deceased Estates & Inheritance Claims
In a recent decision of the Supreme Court of South Australia (Mullins-Trnovsky v Adams [2014] SASC 116) his Honour Justice Gray confirmed that the Court has the power to remove an executor by amending the grant of probate however where there are compelling reasons it is appropriate to continue with the traditional practice of removing… Read more »
Probate on Lost Will
September 7th, 2013 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
A Grant of Probate from the Supreme Court will generally be required for an executor to deal with the assets of a deceased. Obtaining a Grant involves proving that the last Will of the deceased is valid by producing it to the Court. Where a person dies without leaving a Will, then a Grant of… Read more »
Do I Need a Grant of Probate?
February 22nd, 2013 by | Deceased Estates & Inheritance Claims
The death of a family member or friend is a difficult time, and the process of administering the estate can feel complicated and stressful. During this process, you’ll come across the term “Grant of Probate”. But what does it mean, and do I need a Grant of Probate for deceased estates? Keep reading to learn… Read more »
