South Australia

Contesting a will and family provision claims in South Australia

How to contest a will in South Australia under the Succession Act 2023, which replaced the Inheritance (Family Provision) Act 1972 from 1 January 2025, including who is entitled to claim, the six month deadline from the grant, the new emphasis on the deceased person's wishes, and the Supreme Court process.

Checked against official sources on 8 Nov 2026. General information, not legal advice. No lawyer or solicitor has reviewed this page.

Overview

South Australia rewrote its succession law from 1 January 2025. The Succession Act 2023 (SA) consolidated and replaced three earlier statutes: the Wills Act 1936, the Administration and Probate Act 1919 and the Inheritance (Family Provision) Act 1972. If you are reading older material about contesting a will in South Australia, check whether it is talking about the repealed 1972 Act. Family provision claims are now made under Part 6 of the Succession Act 2023, which adds conditions that some groups of people must meet before they can claim and changes the way the Court approaches the claim.

Under section 116(1) the Supreme Court may make a family provision order if a person died domiciled in South Australia or owning property here, and their will, the intestacy rules in Part 5 of the Act, or both, leave a person entitled to claim without adequate provision for their proper maintenance, education or advancement in life. So a claim can be made whether or not there is a valid will. Section 116(2) changes the emphasis: in deciding whether to make an order, the wishes of the deceased person are the primary consideration, and the Court must also have regard to any evidence of the deceased's reasons, the applicant's vulnerability and dependence on the deceased, the applicant's contribution to the estate and the applicant's character and conduct. That does not make a will unchallengeable, but it puts the deceased's wishes and reasons at the centre of every claim.

The deadline is six months. Section 118(1) requires an application for a family provision order to be made within six months after the grant of probate or administration. The Court can extend that time under section 118(2), but under section 118(4) the application for an extension must be made before the final distribution of the estate, and under section 118(5) distributions already made are not disturbed. A challenge to the validity of the will is a separate, contentious probate action commenced through the Civil Registry of the Supreme Court, while non-contentious grants are dealt with by the Probate Registry. This page is general information about South Australian law and procedure and is not legal advice.

Who this is for

  • You are the spouse or domestic partner of someone who died domiciled in South Australia or owning property here
  • You are a former spouse or former domestic partner and want to know whether the new eligibility rules cover you
  • You are a child or stepchild of the deceased and were left out of the will or left with less than you need
  • You are a grandchild whose parent died before the deceased, or who was maintained by the deceased
  • You are a parent or sibling of the deceased who cared for them or helped maintain them before they died
  • You have read older material about the Inheritance (Family Provision) Act 1972 and need to know what changed
  • You are an executor administering a South Australian estate and a claim has been foreshadowed
  • You want to stop a grant issuing while the validity of the will is investigated
LegislationShow
  • Succession Act 2023 (SA) (SA)

    The principal Act, in force from 1 January 2025. It covers wills, probate and administration, deceased estates, intestacy and family provision. In Part 6, section 115 lists the people entitled to claim and sets extra conditions for former spouses and partners, stepchildren, grandchildren, parents and siblings. Section 116(1) lets the Supreme Court make a family provision order where a person entitled to claim is left without adequate provision for their proper maintenance, education or advancement in life, and section 116(2) makes the deceased person's wishes the primary consideration. Section 117 allows the Court to order security for costs, section 118 sets the six month deadline and the extension rules, section 119(8) gives the Court power over costs, and section 124 protects an administrator who distributes the estate without notice of a claim.

  • Inheritance (Family Provision) Act 1972 (SA) (SA)

    The former family provision Act, repealed by Schedule 3 clause 2 of the Succession Act 2023 on 1 January 2025. Under Schedule 4 clause 2 of the new Act, proceedings started in the Court under the 1972 Act before 1 January 2025 that had not been finally decided may be continued and completed under it. The historical version is kept on the South Australian legislation site and remains useful background for older decided cases.

  • Supreme Court Act 1935 (SA) (SA)

    Establishes the Supreme Court of South Australia, including the Court of Appeal. Section 18, as substituted by the Succession Act 2023, gives the Court jurisdiction to make and revoke grants of probate and letters of administration, and to hear and decide all testamentary matters and all matters relating to deceased estates.

  • Family Relationships Act 1975 (SA) (SA)

    Section 11A defines a domestic partner: a person in a registered relationship, or a person living with the other in a close personal relationship for three continuous years, for periods adding up to three years within the last four years, or where they have a child together. Section 11B lets the Supreme Court, District Court or Magistrates Court declare that two people were domestic partners on a certain date, even if one or both have died. For a family provision claim, a partner of the deceased who was not in a registered relationship needs such a declaration.

  • Relationships Register Act 2016 (SA) (SA)

    Sets up the South Australian relationships register. Under section 3 of the Succession Act 2023, a person who was in a registered relationship with the deceased at the date of death is the deceased's domestic partner, without needing a court declaration.

  • Superannuation Industry (Supervision) Act 1993 (Cth) (CTH)

    Commonwealth law regulating superannuation, including the payment of death benefits. Super does not automatically form part of a person's estate: a benefit the fund pays directly to a dependant or nominee is not part of the estate, while a benefit paid to the legal personal representative is. A family provision order is made out of the estate, so where the super goes can change what is available.

Courts and tribunalsShow
  • Supreme Court of South Australia

    Has exclusive jurisdiction in South Australia to hear and determine matters involving a deceased estate. It hears family provision applications and contentious probate actions, and its Probate Registry issues grants of probate and letters of administration.

  • Probate Registry, Supreme Court of South Australia

    Deals with non-contentious applications for grants of probate and letters of administration. All probate lodgements must be made electronically through CourtSA, including caveats. A person with an interest in the estate, including the person seeking a grant, can lodge a warning to a caveat, and a citation calling on someone to apply for a grant or give up their right to it can only be lodged on a caveat once it has been sealed.

  • Civil Registry, Supreme Court of South Australia

    Contentious probate actions are commenced through the Civil Registry and heard by a Justice or Associate Justice of the Supreme Court. A family provision application is started by lodging an originating application in the Supreme Court through CourtSA: choose 'Family' and then 'Provision Out of Estate - Inheritance'.

  • Public Trustee South Australia

    Provides will preparation and estate administration services to eligible South Australians, such as concession holders, and acts as executor and trustee of deceased estates.

  • Court of Appeal, Supreme Court of South Australia

    A division of the Supreme Court established on 1 January 2021. Appeals against decisions of a single judge of the Supreme Court, including in family provision and probate cases, are decided by the Court of Appeal, which generally sits as a bench of three judges.

ProcessShow
  1. 01Find the grant and check the timing

    Find out whether a grant of probate or letters of administration has issued and on what date, because the six month period runs from the grant. Grants issued after 1980 can be found in CourtSA using 'Search for a Probate Grant', and where a copy is available it can be downloaded free of charge. If proceedings were already started under the repealed 1972 Act before 1 January 2025, they can be continued under that Act.

    Typical timeframe: As soon as possible

  2. 02Check whether you are entitled to claim

    Work through section 115. Spouses, domestic partners and children are covered directly. Former spouses and partners, stepchildren, grandchildren, parents and siblings must also meet the conditions in section 115(2) to (7).

    Typical timeframe: Early, well before the deadline

  3. 03Notify the personal representative

    Write to the executor or administrator giving notice of your intended claim and asking for the will, the grant and details of the estate's assets and liabilities. Under section 124, the protection the Act gives an administrator who distributes the estate does not apply if they had notice of the claim at the time of the distribution.

    Typical timeframe: As soon as you decide to claim

  4. 04Prepare the evidence

    Assemble your financial position, evidence of the relationship and of any care or contributions, medical material where health or disability is relied on, and anything that bears on the deceased's wishes and reasons.

    Typical timeframe: Start early and keep adding to it

  5. 05File in the Supreme Court

    Lodge an originating application through CourtSA within six months after the grant. The application is taken to be made on the day it is filed (section 118(6)). If the six months has passed, apply for an extension under section 118(2) before the estate is finally distributed. A copy must be served on all parties in line with the rules of court (section 118(7)).

    Typical timeframe: Within six months after the grant

  6. 06Directions and mediation

    The Court makes directions for the exchange of evidence and information about the estate, and may refer the matter to mediation. If a party's claim may be without merit, or a party is unwilling to negotiate a settlement, the Court can order that party to give security for costs (section 117).

    Typical timeframe: Depends on the case and the Court's list

  7. 07Trial and judgment

    If the claim does not settle it goes to a hearing. The Court decides whether to make a family provision order, treating the deceased's wishes as the primary consideration, and can order a lump sum, periodic payments or both (section 116(7)). It then makes the order as to costs it considers just (section 119(8)).

    Typical timeframe: Depends on the case and the Court's list

Parties

  • Applicant

    A person entitled under section 115 who applies for a family provision order.

  • Respondent personal representative

    The executor or administrator, who holds the estate, gives information about its assets and liabilities, and is usually the respondent to the application.

  • Affected beneficiary

    A beneficiary whose share would be reduced by an order. Unless the Court orders otherwise, the cost of any provision is borne by the beneficiaries in proportion to the value of their interests (section 119(2)).

  • Caveator

    A person with grounds to dispute whether a will should be admitted to probate who lodges a caveat through CourtSA to stop a grant being made while the dispute is looked into.

  • Citor

    A person who lodges a citation calling on another person to apply for a grant or give up their right to it. The citor must first enter a caveat, and the citation is lodged through CourtSA on that caveat once it has been sealed.

  • Litigation guardian

    Appointed where a party is a child or an adult who cannot conduct the proceeding.

Time limits

These are general time limits described in prose. This page does not calculate a deadline for your matter.

  • Family provision application

    Within six months after the grant of probate or administration

    Source: s 118(1) Succession Act 2023 (SA)

  • Extension of time

    The Court may extend the time, before or after it expires and on conditions; the application for an extension must be made before the final distribution of the estate, and distributions made before that application are not disturbed

    Source: s 118(2)-(5) Succession Act 2023 (SA)

  • Proceedings started under the repealed 1972 Act

    Proceedings commenced in the Court under the Inheritance (Family Provision) Act 1972 that were not finally determined before 1 January 2025 may be continued and completed under that Act

    Source: Sch 4 cl 2 Succession Act 2023 (SA); Succession (Designated Day) Proclamation 2024

  • Application to rectify a will

    Within six months after the grant of probate or administration; the Court may extend the time if the extension application is made before the final distribution of the estate

    Source: s 22(2)-(5) Succession Act 2023 (SA)

  • Probate caveat

    Entered through CourtSA before a grant issues; it stays in force for six months from the date it is sealed and can be renewed for further six month periods, and a caveator cannot usually enter a fresh caveat once one has ended unless the Court orders otherwise

    Source: s 62 Succession Act 2023 (SA); r 354.1(5)-(6) and r 354.7 Uniform Civil Rules 2020 (SA)

  • Challenge to the validity of a will

    The Succession Act 2023 sets no time limit for applying to revoke a grant, but a caveat can only stop a grant before it issues, and once a grant issues the estate can be administered and distributed

    Source: Succession Act 2023 (SA); s 18(1)(a) Supreme Court Act 1935 (SA)

Costs and helpShow

Costs in South Australian family provision cases are in the Court's discretion: section 119(8) of the Succession Act 2023 lets the Court make whatever costs order it considers just, including that costs be paid out of the estate or by a party. If a claim fails, the applicant may have to pay their own costs and the costs of other parties. Under section 117 the Court can order a party to give security for costs if their claim may be without merit or they are unwilling to negotiate a settlement. A court fee is usually payable to start a claim and may be waived in some circumstances. Supreme Court fees are fixed under South Australian legislation and published by the Courts Administration Authority, whose current schedules show the fees in force from 1 July 2026; for example, entering a probate caveat costs $45.75. Ask any firm you approach how it charges, and remember that legal costs paid out of the estate reduce what is left for everyone.

Legal Services Commission of South Australia

The Legal Services Commission runs a free Legal Helpline on 1300 366 424 and publishes the Law Handbook, which covers family provision under the Succession Act 2023. Under its Civil Law Guidelines, a grant of legal aid will not usually be available for a probate matter, administration or a claim on a deceased estate.

Where to get help

Practical guidanceShow

Who can make a family provision claim in South Australia now?

Section 115(1) lists nine groups: the spouse, domestic partner, former spouse, former domestic partner, child, stepchild, grandchild, parent and sibling of the deceased. Some groups must also satisfy the Court of extra conditions. A former spouse or former domestic partner cannot claim if a financial agreement under the Family Law Act 1975, made on or after 1 January 2025, was binding immediately before the death (section 115(2) and regulation 9 of the Succession Regulations 2024). A stepchild must show that they are disabled and significantly vulnerable because of it, were dependent on the deceased at the death, cared for or helped maintain the deceased immediately before the death, substantially contributed to the estate, or that assets built up by their own parent substantially contributed to it (section 115(3)). A stepchild under 18 can also claim if the deceased maintained them, or was legally required to, immediately before the death (section 115(4)). A grandchild can claim if their parent, the deceased's child, died first, or if the deceased maintained them (section 115(5)). A parent or sibling must have cared for or helped maintain the deceased immediately before the death or, if the deceased died in residential aged care, immediately before they moved into it. Where the deceased did not die in residential aged care, a parent can also claim if the deceased was maintaining them immediately before the death (section 115(6) and (7)).

What difference does section 116(2) make to a claim?

Section 116(2) provides that, in deciding whether to make a family provision order, the wishes of the deceased person are the primary consideration. The Court must also have regard to any evidence of the deceased's reasons for the dispositions in their will, the applicant's vulnerability and dependence on the deceased, the applicant's contribution to the estate, and the applicant's character and conduct, and it may consider any other relevant matter. Section 116(3) also requires the Court to take into account any government welfare payments the claimant receives or may be entitled to, and whether an order could leave the claimant financially worse off. These factors were written into the law from 1 January 2025. In practice this means two things. If you are making a will in South Australia, a clear written statement of your reasons, kept with the will and updated when circumstances change, is evidence the Court must consider. If you are thinking about a claim, be ready to address the deceased's wishes and reasons directly, for example by showing that they rested on facts that were wrong or have since changed, and to explain your own financial need. The test is still whether you were left without adequate provision for your proper maintenance, education or advancement in life.

Which Act applies to the estate you are dealing with?

The Succession Act 2023 commenced on 1 January 2025 and repealed the Wills Act 1936, the Administration and Probate Act 1919 and the Inheritance (Family Provision) Act 1972. Its only transitional rule for court cases is Schedule 4 clause 2: proceedings commenced in the Court under a repealed Act that had not been finally determined before 1 January 2025, the designated day fixed by the Succession (Designated Day) Proclamation 2024, may be continued and completed under that Act. CourtSA now lists new family provision applications as applications under Part 6 of the 2023 Act. This matters because the eligibility conditions in section 115 and the primacy given to the deceased's wishes in section 116(2) are new. Older published material, including articles and firm websites, often still describes the 1972 Act. The Legal Services Commission says the Succession Act applies to all Supreme Court estate matters from 1 January 2025, while proceedings started before that date continue under the previous law. Check the date of anything you read, and if the death or the grant happened before 1 January 2025, have the position checked before you rely on it.

How does the six month deadline work and can it be extended?

Section 118(1) requires the application to be made within six months after the grant of probate or administration. The period runs from the grant, not from the date of death, so the first practical step is to find out whether a grant has issued. You can search for grants issued after 1980 in CourtSA using 'Search for a Probate Grant', and once a grant issues it becomes a public document, including the will. The application is taken to be made on the day the originating process is filed (section 118(6)). The Court can extend the time, before or after it runs out and on conditions (section 118(2) and (3)), but the application for an extension must be made before the final distribution of the estate (section 118(4)), and any distribution made before the extension application is not disturbed (section 118(5)). If time is short, write to the personal representative straight away: under section 124 an administrator who distributes the estate with notice of a claim does not get the protection the Act gives to distributions made without notice.

How do you challenge the validity of a South Australian will?

Validity disputes are contentious probate actions and are commenced through the Civil Registry, not the Probate Registry. Common grounds are that the will-maker lacked testamentary capacity, did not understand the will, was pressured into making it, that someone forged it or tricked the will-maker into signing it, that it was revoked, or that it is not the last will. A will that was not signed and witnessed properly is not automatically invalid: under section 11(2) the Court can admit a document to probate if it is satisfied that the document expresses the deceased's testamentary intentions and the deceased intended it to be their will. If a grant has not yet issued, a probate caveat lodged through CourtSA prevents, at least for a time, a grant being made while you raise your concerns. It stays in force for six months from the date it is sealed and can be renewed through CourtSA for further six month periods. A person with an interest in the estate, such as the person seeking the grant, can lodge a warning to the caveat, which the caveator answers by entering an appearance. If no appearance is entered in time, the Court can order that the caveat stops having effect (Uniform Civil Rules 2020 r 354.1 and r 354.4). If a grant has already issued, you would need to ask the Supreme Court to revoke it. If the will is valid but does not carry out what the will-maker intended, rectification under section 22 has its own six month limit.

What should a South Australian executor do about a foreshadowed claim?

Be cautious about distributing once you have notice of a claim. Section 124(1) protects an administrator who has lawfully distributed the estate from having to account to a claimant, but not if the administrator had notice of the claim at the time of the distribution, and section 124(2) keeps the Court's power to order provision out of the estate after it has been distributed. Section 118(5) separately provides that distributions made before an application to extend time are not disturbed by that application. Write to the beneficiaries explaining that a claim has been foreshadowed and what it could mean. Prepare a full and accurate statement of the estate's assets, liabilities and expenses, and obtain valuations of real property, because settlement talks and mediation need agreed numbers. Keep the deceased's papers, including any statement of reasons or letter of wishes, because the deceased's wishes are the primary consideration under section 116(2) and the Court must consider evidence of their reasons. Keep your own costs proportionate, because the Court decides who bears them under section 119(8).

Checklist

  • Death certificate
  • The will, any codicils and any earlier wills
  • The grant of probate or letters of administration and the date it issued
  • CourtSA 'Search for a Probate Grant' result or downloaded copy of the grant
  • Any statement of reasons or letter of wishes left by the deceased
  • Letter to the executor giving notice of the claim
  • Statement of the estate's assets, liabilities and expenses
  • Valuations of real property and other significant assets
  • Your financial statement of assets, liabilities, income and expenses, including any government payments
  • Tax returns, payslips, bank and superannuation statements
  • Relationships register certificate or a Family Relationships Act declaration where relevant
  • Medical reports where health, disability or capacity to work is relied on

Common questions

Which Act now governs contesting a will in South Australia?

The Succession Act 2023 (SA), which commenced on 1 January 2025. It replaced the Wills Act 1936, the Administration and Probate Act 1919 and the Inheritance (Family Provision) Act 1972. Family provision claims are made under Part 6: section 115 sets out who may claim, section 116 when an order can be made and the factors the Court considers, and section 118 the time limit. Proceedings already started under the 1972 Act before 1 January 2025 can continue under that Act. Older material referring to the 1972 Act may not reflect the current position, so check the date of anything you read.

How long do I have to make a family provision claim in South Australia?

Section 118(1) requires an application to be made within six months after the grant of probate or administration. The Supreme Court can extend that time under section 118(2), but the application for an extension must be made before the final distribution of the estate (section 118(4)), and distributions already made are not disturbed (section 118(5)). Because the period runs from the grant rather than the death, first find out whether and when a grant issued, for example through CourtSA's 'Search for a Probate Grant'. Give the executor written notice as soon as you decide to claim.

Can a stepchild contest a will in South Australia?

Yes, if they meet one of the conditions in section 115. A stepchild must show that they are disabled and significantly vulnerable because of it, were dependent on the deceased at the death, cared for or helped maintain the deceased immediately before the death, substantially contributed to the estate, or that assets built up by their own parent substantially contributed to the estate. A stepchild under 18 who was maintained by the deceased can also claim. A stepchild is a child of the deceased's spouse or domestic partner, current or former. Meeting a condition only lets you apply: the Court must still find that you were left without adequate provision.

Do the deceased person's wishes decide the case?

They are the primary consideration, but not the only one. Section 116(2) makes the deceased's wishes the primary consideration and requires the Court to have regard to evidence of the deceased's reasons, the applicant's vulnerability and dependence, the applicant's contribution to the estate, and the applicant's character and conduct. The Court still asks whether the applicant was left without adequate provision for their proper maintenance, education or advancement in life, and it can refuse an order because of the applicant's character or conduct (section 116(4)).

Can a grandchild claim in South Australia?

In defined circumstances. Section 115(5) allows a grandchild to apply if their parent, being a child of the deceased, died before the deceased, or if the grandchild was maintained wholly or partly by the deceased, or was legally entitled to be, immediately before the death. A grandchild who was not maintained by the deceased and whose parent is still alive is not entitled to apply, however close the relationship was.

Do I need to be in a registered relationship to claim as a domestic partner?

No, but you need either registration or a court declaration. For family provision, the deceased's domestic partner means a person who was in a registered relationship with the deceased at the date of death, or a person declared under the Family Relationships Act 1975 to have been their domestic partner at that date (section 3 of the Succession Act 2023). Section 11B of the Family Relationships Act lets a court make that declaration even after one partner has died, usually where the couple lived together in a close personal relationship for three years, or for three of the last four years, or had a child together. An executor or administrator can serve written notice requiring a person who says they were the deceased's domestic partner to apply for that declaration. If proceedings are not started within three months after the notice is served, a distribution the executor or administrator makes on the basis that there was no relationship is protected (section 12(2) of the Family Relationships Act 1975).

How do I stop probate being granted while I investigate a will?

Lodge a probate caveat through CourtSA; all South Australian probate lodgements are made electronically. A caveat prevents, at least for a time, a grant being made. It stays in force for six months from the date it is sealed and can be renewed for further six month periods. A person with an interest in the estate, such as the person seeking the grant, can lodge a warning to the caveat, and the caveator responds by entering an appearance. As at 1 July 2026 the Court fee is $45.75 to enter a caveat and $80.00 to enter an appearance. A caveat is for a genuine dispute about the will. It is not the right tool for a family provision claim.

Can a family provision order be made if there is no will?

Yes. Section 116(1) applies where a person is left without adequate provision by the deceased's will, by the intestacy rules in Part 5 of the Succession Act 2023, or both. The intestacy rules decide who inherits when there is no valid will, and they can leave an entitled person without adequate provision just as a will can. The same six month deadline applies, running from the grant of letters of administration.

Sources

  1. Succession Act 2023 (SA) (accessed 8 Nov 2026)
  2. Succession Act 2023 (SA), current authorised version (PDF) (accessed 8 Nov 2026)
  3. Succession Regulations 2024 (SA), current authorised version (PDF) (accessed 8 Nov 2026)
  4. Succession (Designated Day) Proclamation 2024 (SA) (accessed 8 Nov 2026)
  5. Inheritance (Family Provision) Act 1972 (SA) [ceased] (accessed 8 Nov 2026)
  6. Family Relationships Act 1975 (SA), current authorised version (PDF) (accessed 8 Nov 2026)
  7. Supreme Court Act 1935 (SA), current authorised version (PDF) (accessed 8 Nov 2026)
  8. Law Handbook South Australia - Inadequate provision (accessed 8 Nov 2026)
  9. Law Handbook South Australia - Invalid wills (accessed 8 Nov 2026)
  10. Law Handbook South Australia - Fees and costs (accessed 8 Nov 2026)
  11. Law Handbook South Australia - Probate caveats (accessed 8 Nov 2026)
  12. Courts SA - Probate (accessed 8 Nov 2026)
  13. Courts SA - Probate rule, form and procedure changes (accessed 8 Nov 2026)
  14. Courts SA - Probate general frequently asked questions (accessed 8 Nov 2026)
  15. Courts SA - Probate fees (as at 1 July 2026) (accessed 8 Nov 2026)
  16. Courts SA - What type of case can I start in CourtSA? (accessed 8 Nov 2026)
  17. Courts SA - Supreme Court jurisdictions (accessed 8 Nov 2026)
  18. Courts SA - Court of Appeal (accessed 8 Nov 2026)
  19. Legal Services Commission of South Australia - Changes to Wills and Estates Law (accessed 8 Nov 2026)
  20. Legal Services Commission of South Australia - Civil Law Guidelines (accessed 8 Nov 2026)
  21. Law Society of South Australia - Wills and estates (accessed 8 Nov 2026)
  22. Attorney-General's Department SA - Wills, estates and trusts (accessed 8 Nov 2026)
  23. Moneysmart - Who gets your super if you die (accessed 8 Nov 2026)
  24. Courts SA - Uniform Civil Rules 2020 (current consolidated rules, Chapter 25 Probate) (accessed 8 Nov 2026)
  25. Legal Services Commission of South Australia - The new Succession Act factsheet (accessed 8 Nov 2026)
This is general legal information, not legal advice. It does not claim that a solicitor has reviewed this page for your situation, and it does not create a solicitor-client relationship.

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Contesting a Will in SA: Succession Act Family Provision
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