Intestacy

Intestacy

Reading Time: 2 minutes If a person dies without valid Will, they are considered to have died intestate.  This creates a difficult situation as no wishes of the deceased may be effected without a valid Will.  Generally, dealing with a deceased’s assets when they die...
Contesting Wills – Inadequate Provision

Contesting Wills – Inadequate Provision

Reading Time: 2 minutes In this part of the series on contesting wills, this article examines the option of applying under the Inheritance (Family Provision) Act 1972 (SA) for inadequate provision.  As a general principle of law, testators (the person who makes the...
Contesting Wills – Invalidity

Contesting Wills – Invalidity

Reading Time: 2 minutesThis article explains how a Will may be contested by arguing that it is invalid.  The main basis for arguing invalidity is that the Will as presented to the probate registry was not the Will the deceased intended to...
Probate

Probate

Reading Time: 2 minutesWhat is Probate? It is a process where a deceased person’s Will is “proved” in the Probate Registry of the South Australian Supreme Court. The court will need to be satisfied with the Will and testament for it to be valid and genuine before the...
After Probate is Granted

After Probate is Granted

Reading Time: 2 minutesWhat will happen when probate has been granted? How long does it take to get the estate distributed? After receiving a grant of probate, next is to settle the estate. This means closing accounts, raising funds, paying off debts, resolving any...