Estate Claims
Protecting your rights to a fair share of an estate
When a loved one passes away, dealing with the legal and emotional aftermath can be overwhelming, especially if you’ve been left out of a Will or believe the distribution of an estate is unfair. At Kruse Legal, we offer trusted advice and support to people seeking to contest a Will or respond to an estate claim in South Australia.
Located in Blackwood, we’ve been helping individuals and families across the Adelaide Hills resolve estate disputes with care, discretion, and over 15 years of legal experience.
Can You Contest a Will in South Australia?
Yes, South Australian law allows certain people, such as spouses, children, stepchildren, and dependents, to make a Family Provision Claim if they believe they haven’t received adequate provision from a deceased estate.
- You may be eligible to challenge or contest a Will if:
- You were left out of the Will entirely
- You received less than what’s fair or expected
- The Will may have been made under undue influence or when the person lacked legal capacity
- There is no valid Will, and the estate is being distributed under intestacy laws
How Our Estate Dispute Lawyers Can Help
We provide personalised, practical advice for:
- Assessing your eligibility to make an estate claim
- Explaining your rights under the Succession Act 2023 (SA)
- Negotiating fair outcomes, often resolving matters without the need for court
- Representing you in mediation or litigation, where necessary
- Advising executors or beneficiaries defending a claim against an estate
We aim to resolve disputes efficiently and respectfully, always focused on what’s in your best interest.
Local, Experienced and On Your Side
At Kruse Legal, you’ll deal directly with an experienced solicitor who knows both estate law and the Adelaide Hills community. We understand that estate disputes are personal and emotionally charged, and we approach every matter with empathy, discretion, and a commitment to securing the best outcome for you.
Concerned about a Will or estate dispute?
Call us on (08) 8278 1779 or get in touch to arrange a confidential, obligation-free chat.
Estate Claims - Frequently Asked Questions
A Will can be contested for several reasons, including:
- You were unfairly left out or inadequately provided for
- The Will was made under undue influence or coercion
- The person lacked mental capacity when the Will was made
- There are concerns about fraud, forgery, or invalid execution
We can assess your circumstances and advise on whether you have grounds to make a claim.
You generally have 6 months from the date of the Grant of Probate (or Letters of Administration) to file a Family Provision Claim. In some cases, an extension may be granted by the court, but this is not guaranteed. It’s important to seek advice promptly.
Not necessarily. Many estate disputes are resolved through negotiation or mediation without going to court. At Kruse Legal, we focus on reaching practical, cost-effective solutions wherever possible. If litigation is necessary, we’re experienced in representing clients through that process.
Yes. If an executor fails to administer the estate fairly or lawfully or ignores a legitimate claim, they may be personally liable. If you’re an executor facing a challenge, we can guide you through your legal obligations and help protect your position.