I've never met a person yet who said to me, "Fiona, I've been waiting my whole life to be up to my neck in deceased estate litigation because it sounds like such a fun way to spend my days".
Of course I haven't, because the people I work with are busy grieving, not scheming.
Despite what you may hear from your opinionated uncle, read in the media, or watch play out in social media comments, most people don't want to fight over dead people's stuff.
Yet, with all good intentions, sometimes estate litigation shows up like a distant relative at Christmas lunch (maybe that same Uncle?) - uninvited, uncomfortable, and somehow taking up all the energy and oxygen it possibly can.
Clients come to me saying, "I don't want to start a fight, but this doesn't seem right..." and suddenly, they're knee-deep in a dispute they didn't ask for. I call it the got-no-choice scenario - if you're here reading this, chances are you know exactly what I mean.
Who can challenge a will and why would you do it?
In South Australia, there's now more clarity around who can contest or challenge a will, thanks to the Succession Act 2023, which came into effect from 1st January 2025.
The rules are clearer, and whilst they haven't made estate disputes disappear (and have potentially opened the door for new or untested disputes) the intention around the changes to the Act were to make navigating a challenge a little less murky.
- People eligible to challenge a will include:
- Spouses (current or former)
- De facto partners
- Children or stepchildren
- Certain grandchildren
- Dependent parents
If you've been left out of a will or you believe the distribution isn't fair, you may be able to challenge it under the Act - even if you didn't want to be in this situation.
An added reality is that many people inherit set-and-forget wills. Wills that give instructions to distribute assets in a way that (may have) made sense 5, 10, 20 years prior, but based on current circumstances, make no sense.
It's not about greed - it's about need. When the will doesn't reflect the reality of your relationship or dependence on the deceased, unwanted estate litigation might be your only path to fairness.
"But I don't want to be that person..."
I get it. Nobody, including you wants to be that person.
The one who comes across as greedy or selfish because they don't want to be ignored or left out.
The one who makes an appointment with a lawyer to see just how messed up the pile they're looking at is.
The one who wants to be seen, heard and valued for the relationship they had (or once had) with the deceased.
The one who airs their family's dirty laundry, lets the cat out of the bag, or releases the skeletons from the closet.
The Supreme Court of South Australia allows eligible people to apply for a Family Provision Order. It's not about contesting the whole will - it's about asking the court to make reasonable adjustments, so you're not left behind.
Unwanted estate litigation with minimal fallout
Unwanted estate litigation is just that - unwanted. But sometimes it's also unavoidable.
If you're caught in the mess, trying to do the right thing whilst honour your grielf or the relationship you had with the deceased here are four ways you can do it with the least amount of fallout.
🔎 Get professional advice early.
Having Your Estate Lawyer look over the will and explain to you exactly what it looks like and what your options are doesn't lock you into unwanted estate litigation; it simply provides you with a clear, structured view to move forward from.
🔎 Know your time limits.
Mums will always tell you that if you have a problem, you should sleep on it. But estate litigation is not something you want to be snoozy about.
In South Australia, you have six months from the date probate is granted to make your move. Delay too long, and that door may close for good.
🔎 Find someone who can help you stay calm and classy.
Deceased estates are emotional. Feeling left out is emotional. Fighting with your family is emotional. Finding someone who can help you process all the emotions so you can approach your opponents with calm and class is essential in unwanted estate litigation.
🔎 Understand the process.
Estate litigation isn't a war, it's a structured legal process aimed a fairness. Make it your business to find someone who can help you understand the process including outlining exactly what you're entitled to and what fairness looks like for both you and the other beneficiaries.
As Your Estate Lawyer, I help everyday people handle the unexpected fallout of the estates they've inherited with compassion, humour, and a solid plan. You deserve better than doing death on your own.