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Deceased Estates
Deceased Estates
Deceased estates is an area of law that can cause a lot of confusion, especially in times of heightened stress or grief. What’s more, these are matters that should be managed within specific time limits, so you should seek legal support as soon as possible. With extensive experience in this area, our team are specialists at navigating these situations with sensitivity and efficiency.
What is a deceased estate?
A deceased estate is everything a person owned and owed when they died including property, money, personal items and debts.How is a deceased estate administered?
If the deceased left a Will, an Executor administers the estate. In some instances, a Grant of Probate may be required.
If the deceased left no Will, an Administrator administers the estate. An administrator needs to meet certain criteria before applying for Letters of Administration.
If Probate or Letters of Administration is required, what is the cost?
The filing fee is payable to the State of SA and is not negotiable.
The fee is on a sliding scale depending on the value of the estate.
All legal fees incurred are paid by the Estate from its assets.
Can someone contest a Will in South Australia?
Yes, someone with standing may challenge the provisions of a Will if they believe:
- They were left without adequate provision, or
- The Will is invalid (for reasons such as undue influence, lack of capacity, improper signing)
- Strict time limits apply to contest an estate, usually within 6 months of the Grant of Probate.