SA Who are Eligible to Contest a Will?

[Denisek]

My brother recently passed away. He made a will. The total value of his deceased estate is approx $285000. He states that his 3-year-old daughter, whose mother he not been with for the last 2 years, is to receive $100000 upon turning 18, and the rest of his estate $185000, is to be divided equally between his sister and his 4 nieces.

The parents of his daughter's mother believe that their granddaughter should be sole beneficiary, and want to contest the will on her behalf. My brother's daughter lives with her mother, why are her parents acting on her daughter's behalf?

Are they eligible to do so, or is this her mother's responsibility?

Thank you

 

[Lance]

Hi Denisek,

My understanding is that the grandparents can represent their granddaughter with the mother consent. They will most likely make an application under the Inheritance (Family Provision) Act 1972 (SA) for inadequate provision.

It will probably be a costly exercise for them and there is no guarantee they will be successful, but they may have a sound argument noting his daughter is 3 and doesn't have the support (financial or otherwise) of her father. I would speak to a lawyer to protect your interests.

 

[Denisek]

Thankyou lance. We are looking into it now. Like i said my brother did make provisions for his daughter, they just want all of his estate.