Inheritance Claims & Contested Estates Archives

Estate Planning Disasters of the Rich and Famous

Estate Planning, Inheritance Claims & Contested Estates, Wills, Wills and Estate PlanningBy Rod Genders July 27, 2026

There is a tempting assumption that estate planning is something only the wealthy need to worry about, or conversely, that wealth itself ensures a smooth transfer of assets on death. Celebrity estate planning disasters emphatically disprove both propositions. The rich and famous are as capable of catastrophic estate planning failures as anyone else – and because their assets and family disputes tend to be played out in public, their mistakes offer instructive lessons for us all.
The following cases illustrate common estate planning failures and the principles that might have prevented them. All information in this article relates to Australian law under the Succession Act 2023 (SA) and its Commonwealth and common law equivalents.

12 Dangerous Stresses of Administering a Deceased Estate in SA

Inheritance Claims & Contested Estates, Probate, Probate & Estate AdministrationBy Rod Genders October 24, 2018

Sometimes the Executor of a Deceased Estate gets pressure from family and other beneficiaries to do questionable things in the administration of the Estate.

Here are a few of the higher-risk demands frequently directed at nervous Executors by pushy relatives:

1. Obtain a Grant Of Probate As Quickly As Possible

Sometimes relatives and other potential beneficiaries might push an Executor to go faster than they should. Almost always, those beneficiaries will have their own interests at heart, without necessarily considering your rights, duties and responsibilities as Executor, nor the other interests attaching to a Deceased Estate. A prudent Executor might do well to remember the adage: Good. Fast. Cheap. Pick 2.

In South Australia, generally Probate cannot be applied for until at least 28 days after death. In certain circumstances an urgent application can be made faster than this, however special reasons need to be proven.

Challenges to a Will or Estate in South Australia

Wills, Inheritance Claims & Contested Estates, Wills and Estate PlanningBy Rod Genders October 12, 2018

“You never know anybody until you’ve shared an inheritance with them”

Challenges to Wills are far less common than challenges to estates. A Will can be contested or challenged when it is alleged that :

The Will was executed under undue influence from others;

The Will was executed when the testator lacked capacity to understand what he/she was doing. This is increasingly common due to the rise of dementia in our ageing population;

Weird Probate Issues

Weird Probate Issues, Inheritance Claims & Contested Estates, Probate, Probate & Estate AdministrationBy Rod Genders November 1, 2017

If you’ve been named the executor of a Will, you might experience a wide range of emotions upon your loved one’s passing.

In addition to going through the grieving process, you might feel overwhelmed by your responsibilities in carrying out the deceased’s wishes.

You may have even heard horror stories about probate that leave you wondering where to begin, but you can relax knowing that your specialist estate lawyer at Genders & Partners can help you navigate any obstacles you face regarding probate & deceased estates in Adelaide.

Protecting Children from Previous Relationships: The Critical Importance of a Well-Drafted Will

Blended Families and Divorce, Estate Planning, Inheritance Claims & Contested Estates, Trusts & Guardianship, Wills, Wills and Estate Planning, Young ChildrenBy Rod Genders September 23, 2017

Critical Importance of Making a Will to Protect Children From Previous Relationships

Modern family structures are more complex than at any previous time. Many Australians have children from more than one relationship, and may be in a subsequent marriage or domestic partnership with a partner who also has children of their own. Without careful estate planning, the competing interests of these various family members can produce outcomes upon your death that would cause you considerable distress if you could foresee them. This article explains why a well-drafted Will is indispensable for anyone with children from a previous relationship.

Family Disputes and Legal Documents in SA

Asset Protection, Deceased Estates, Inheritance Claims & Contested Estates, Probate, Special Needs, Trusts & GuardianshipBy Rod Genders September 14, 2017

Families aren’t always easy. We’re bound to them by blood and history, circumstance and duty. We love them, and sometimes, if we’re really lucky, we like them too. We rarely get to choose them.

At some point in our lives almost all of us will experience some challenging times in dealing with individuals in our family.

It could be the consequences of dealing with misfortune such as illness or unemployment.

It could be your son’s unfortunate choice of girlfriend.

Maybe someone has an inflated sense of entitlement & expectation, or is lacking in appreciation for what you’ve done for them.

7 Critical Mistakes Made by Parents of Special Needs Children

Trusts, Inheritance Claims & Contested Estates, Special Disability Trust, Trusts & GuardianshipBy Rod Genders February 23, 2017

Parents of a child with special needs face unique challenges when planning their estates, and unless they address them correctly, they risk making mistakes that could have long-term, costly consequences for their child.

For example, they may make the child ineligible for important federal government benefits once he or she becomes an adult, and they may leave their child without the financial resources he or she needs to live the same kind of life they provided when they were alive.

The mistakes that parents of a special needs child often make when they are planning their estates can have long-term negative consequences for the child and significantly impact his or her lifestyle once the parents are deceased or become incapacitated and can no longer look out for their special needs son or daughter.

What Happens if You Die Without a Valid Will After Separation or Divorce in Australia

Estate Planning, Inheritance Claims & Contested Estates, Wills and Estate PlanningBy Rod Genders November 18, 2016

When you are going through a separation, you need to update your estate planning documents to protect yourself, your children & family and your assets. Here are some important matters to consider after a relationship breakup.

Intestacy

If you do not write a Will, the Government has already written one for you – but you might not like what it says.
When you die without a valid Will, that is called ‘intestacy’. The law of the State where die will determine who gets what. Be careful. Not only does this law change from place to place, it also changes from time to time.
In certain cases your assets might even go to the Government itself!

Probate and Estate Administration: Successful Challenge to Deceased Estate from Secret Domestic Partner

Deceased Estates, Inheritance Claims & Contested Estates, Probate, Probate & Estate AdministrationBy Rod Genders September 4, 2016

A recent court decision in Victoria (Estrella v McDonald) is one of Australia’s first reported judgments resolving a claim for family provision involving a same-sex relationship.

The claimant said that he and the deceased had been in a secret de-facto relationship for 30 years, after they met in 1978 when the claimant was 17 and the deceased was 51.

The claimant said that he and the deceased had commenced a sexual relationship and that he had moved away from his family in the Philippines to live with the deceased’s family for several years. During the deceased’s final years, the claimant was living overseas.

During his life, the deceased had denied that the relationship was sexual in nature as he had apparently been embarrassed to publicly or openly acknowledge the relationship, for fear that it may not be accepted by their families or community.

The deceased had made no provision for the claimant in his Will, which solely benefitted the deceased’s children who defended the claimant’s allegations on the basis that their father and the claimant were “just friends” and that the claimant lived in their home as a boarder.

Mediating Settlement of Estate Disputes

Estate Planning, Inheritance Claims & Contested Estates, Wills, Wills and Estate PlanningBy Rod Genders January 14, 2016

Like most developed countries, Australia’s population is ageing as a result of sustained low fertility and increasing life expectancy. This has resulted in proportionally fewer children in the population and a proportionally larger increase in those aged 65 and over.

Over the 20 years between 1994 and 2014, the proportion of the population aged 65 years and over increased from 11.8% to 14.7%. This group is projected to increase more rapidly over the next decade, as further cohorts of baby boomers turn 65.

In the 12 months to 30 June 2014, the number of people aged 65 years and over increased by 118,700 people, representing a 3.6% increase.

We are living longer and accumulating greater wealth. This gives rise to the potential for more disputes arising on either incapacity or death.

Category Archives: Inheritance Claims & Contested Estates

1. Obtain a Grant Of Probate As Quickly As Possible