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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.