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Who may challenge a Will

South Australian law includes an Act of the South Australian Parliament named the Inheritance (Family Provisions) Act 1972.

This Act sets out a list of people who may claim for provision from a deceased estate.

They are:

“(a) The spouse of the deceased person;

(b) A person wo has been divorced from the deceased person;

(ba) The domestic partner of the deceased person;

(c) A child of the deceased person;

(g) A child of a spouse or domestic partner of the deceased person being a child who was maintained wholly or partly or who legally entitled to be maintained wholly or partly by the deceased person immediately before the deceased’s death.

(h) A child of a child of the deceased person;

(i)  A parent of the deceased person who satisfies the court that they cared for, or contributed to the maintenance of the deceased person during their lifetime;

(j) A brother or sister of the deceased person who satisfies the court that they cared  for, or contributed to the maintenance of the deceased person during their lifetime.”

A person who can fit within one of these categories and who satisfies the remaining requirements of the Act may be able to maintain a claim.