Hi there. If your mother executed a will before she passed away, then her estate will be divided up according to the terms of that will. The executor of the will is responsible for obtaining a grant of probate from the court so that the estate can be distributed to the beneficiaries (i.e. the persons named in the will as recipients of a share in the estate).

If you have been named in the will and allocated part of the estate, then you will be legally entitled to this property. You should contact the executor of the will to make arrangements for receiving any property that has been left to you.

If you are not named in the will or you believe you have not been adequately provided for in the will, you, as a child of the deceased person, can apply to court under the Inheritance (Family Provision) Act 1972 (SA) for a reallocation of assets. The application must be made within 6 months of the grant of probate. A court will only reallocate the assets if it believes the deceased person failed to provide adequately for your proper maintenance, education or advancement in life.

If your mother passed away without a valid will (called ‘intestate’), the situation is more complicated. Her estate will be distributed according to a set of rules contained in the Administration and Probate Act 1919 (SA), known as statutory orders. The exact distribution rules that will apply to your mother’s estate will depend on whether her spouse or domestic partner is still living, and the overall value of the estate.

Suggested way forward

Inheritance laws can be complicated, especially if there is no will or if there is disagreement between surviving family members. You should consider speaking to a wills and estates lawyer who can properly advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.