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    Contesting a will

    Deed of family arrangement
    Invalid wills
    Inadequate provision
    Fees and costs

    A person may contest (challenge) a will by:

    • making a deed of family arrangement
    • having a will declared invalid
    • applying under the Succession Act 2023 (SA) for family provision.

    Anyone thinking of contesting a will should seek legal advice as soon as possible.

    Another way the provisions of a will may be displaced is through the operation of the common law forfeiture rule. This rule prevents a person who kills another unlawfully from profiting or benefiting from their crime. A person who is disqualified from inheriting due to the operation of the forfeiture rule is generally treated as having predeceased the testator [Succession Act 2023 (SA) s 125]. See Forfeiture for more information.

    Contesting a will  :  Last Revised: Mon Dec 30th 2024
    The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.

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