Claims under the Succession Act
Left out of a Will, or not adequately provided for?
Certain family members can ask the Supreme Court for a greater share of an estate if they haven't been adequately provided for. Since 1 January 2025, these claims are made under the Succession Act 2023 (SA).
Who may be eligible
A spouse or domestic partner
A former spouse or partner, in some circumstances
Children of the deceased
Some stepchildren and grandchildren
A parent or sibling who cared for or supported the deceased
Time limits apply. Claims must generally be made within 6 months of the grant of Probate or Letters of Administration.
The Court gives primary weight to the wishes of the person who passed, so every claim depends on its facts. Many claims settle through negotiation or mediation without a trial.
We act for people making claims, and for executors and beneficiaries responding to them. We can also advise if you're concerned that a Will may not be valid.
See all our deceased estate services.