Areas of Deceased Estates We Cover
We deal daily with deceased estates and probate applications across South Australia, and can guide you through the process with sensitivity and efficiency.
Probate Applications and Letters of Administration
Probate refers to having a Will authenticated by the Supreme Court of South Australia. It is a process that is nearly always required and must be completed before assets can be divided in-line with a Will.
Probate will also be required for a Will’s Executor to complete processes including closing a bank account or transferring land ownership, selling shares and accessing superannuation funds etc.
In scenarios where a Will has not been written prior to a person’s death, or there is an issue with the Will and its construction, the court may need to determine if it is valid or a person will be considered to have died ‘intestate’. Here, you will need to apply for a Grant of Letters of Administration. These applications can be intricate and complex and if not done correctly may be rejected and the process recommenced.
Estate Administration
When a person is appointed as the Executor or Administrator of a Will, it is their responsibility to distribute assets to named beneficiaries in-line with a person’s Will.
This is both a position of great responsibility and also a legal requirement that, in some cases, can be very time consuming. If in the event you have failed in your duties, a beneficiary may sue you privately. Our team can work with Administrators to ensure their duties are completed correctly and efficiently.
Contested Estates and Inheritance Claims
There are a number of circumstances where a person can challenge a Will. You should seek legal advice if:
- You were dependent of the deceased and you were not provided for in a Will
- You feel the Will is unfair (for a valid reason)
- The provision made for you in the Will is inadequate
- You feel that the deceased was unduly influenced by a person when making their Will
- You feel that the deceased was not of sound mind when they made their Will
- The deceased passed away without a Will
- The Will is unclear.
Strict time limits apply when it comes to contesting a Will, so we recommend you get in touch with our team as soon as possible to discuss your situation and options further.
8,000+
Matters handled
We have handled over 8,000 matters, with many that are repeat clients.
Phil Testa
Partner
Barrister & Solicitor
24 years of experience
Meet Phil Testa
Phil Testa was admitted to practice in 2002 after completing a double degree in Arts and Law at Adelaide University. He has considerable experience in general legal practice and has worked at various firms. Phil has also worked at Allianz SA – CTP managing claims involving major and catastrophic injury. He practices in all areas specialising in Civil Litigation, Family Law, Personal Injury Law and Wills and Estates. He was a member of the Law Society’s Accident and Compensation Committee for numerous years. Over the years, Phil has successfully handled large and complex matters involving personal injury (Common Law, Workers Compensation, Motor Vehicle Accidents) and general Civil Litigation. He has also developed a keen interest in all aspects of Family Law.
Phil is:
- a Barrister and Solicitor admitted to practice in both the Supreme Court of S.A. and the High Court of Australia.
- a member of both the Law Society of South Australia and the Law Council of Australia (Family Law Section).
Law Society of South Australia
High Court of Australia
A Letter from Lauri & Phil
Lauri and Phil commenced working together in 2007 before starting Evans Testa Lawyers. Lauri had a policing background in uniform duties, plain clothes and prosecution. Having started in 1986 and resigning in 2003, to start something fresh. As with most corporate jobs, she began to get restless. To complement work in prosecution, and to fill some extra hours, she completed her law degree after hours. An opportunity to leave the police and put the degree into action was offered and a decision influenced and supported by family was taken. At the time, the opportunity had arisen to work with a small boutique firm that provided stability and growth. After 10+ years, and too much growth, a new opportunity arose to start a small, fresh, individual firm.
After completing his studies in law, Phil worked in the insurance industry managing major and catastrophic claims. This piqued his interest in personal injury law before he worked at numerous firms practising in this and other areas. Phil has since practiced for many years in civil litigation, family law, wills and estates. After many years, Phil jumped at the opportunity to start a small firm with a completely new outlook.
Lauri and Phil commenced Evans Testa in 2013. Since then, it has grown into a firm servicing the local and wider areas in numerous practice areas.
Warm regards,
Our Process
Step 1: Initial Free* Consultation
We often initially chat over the phone or face to face about your legal matter. We take the time to talk to you so we can understand your problem and offer options as to the right path moving forward.
*Your first 30 minute personal or telephone consult is free of charge.
Step 2: Engagement
If you choose to engage our services we will clearly set out what we require from you and what the initial steps will be in handling your matter. We will also provide you a quotation for your legal fees moving forward.
We will be transparent regarding our likely fees.
Step 3: Conduct of Matter
We will keep you informed regarding the conduct of your matter and let you know what is required at each step of the process in a timely manner.
We advise you, but you will always determine the path your matter takes.
We can promise that one lawyer will handle your matters from start to finish. Your matters are also never “handballed” to a junior lawyer.
Step 4: Conclusion of your matter
We aim to conclude your matter as expeditiously as possible.
Your matter may conclude but could give rise to further related legal issues. If so, we will offer further assistance.
Why Choose ET Law
Personalised service with experienced lawyers who take the time to listen and provide advice tailored to your specific needs or situation.
The ability to organise home visits to prepare Wills, Powers of Attorney and Advance Care Directives.
We do not apply any one set formula to all our matters. Each matter is dealt with on a case by case basis.
We provide up front quotations as to the likely cost of your matter and can offer fixed fee services in some cases.
We offer a 24 hour emergency service for arrest and urgent matters, so you can reach a legal representative when you need one most.
Your first 30 minute personal or telephone consult is free of charge, so you can understand your options before you commit.
FAQs
Below are some of our more frequently asked questions for our legal services
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.
Send us a message
Use the following form or contact us directly through phone or email.
Your first 30-minute consultation is free*.
For after hours emergency advice, call 0409 645 733.