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Challenging a Will in South Australia

You can challenge a will in South Australia on a number of grounds, which are found in the Wills Act 1936 ,  the Inheritance (Family Provision) Act 1972, and also under the common law.  The grounds for challenging the validity of the Will include: that the will-maker (testator) lacked testamentary capacity when making the Will (for example, due to dementia); that the testator was coerced or under duress; or that the Will is fraudulent.  Challenging a Will on the basis that the testator failed to make adequate provision for a beneficiary is made pursuant to the Inheritance (Family Provision) Act 1972.

You can challenge a will in South Australia on a number of grounds, which are found in the Wills Act 1936 , the Inheritance (Family Provision) Act 1972, and also under the common law.

Author

Michelle Makela

Michelle Makela is one of our Legal Practice Directors and the National Practice Manager. She holds a Bachelor of Laws, a Bachelor of Science (Psychology) and a Master’s in Criminology. Michelle has had a varied career, working in commercial litigation, criminal law, family law and estate planning. Michelle joined Go To Court Lawyers in 2011. She now supervises a team of over 80 solicitors across Australia.

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