South Australian Consolidated Acts South Australian Consolidated Acts16A—Where administration has disturbed entitlements of beneficiaries,
the Court has power to intervene
(1) Where at the death
of a protected person or former protected person who died leaving a will it
appears that, in consequence of any dealing with the estate by an
administrator, the share of any beneficiary in that estate under the will has
been affected, the Court may, on application by an interested person, make
such orders as it thinks just to ensure that no beneficiary gains a
disproportionate advantage, or suffers a disproportionate disadvantage, of a
kind not contemplated by the will, in consequence of the estate having been
managed under this Act.
(2) An order made by
the Court under subsection (1) shall operate and take effect as if it had
been made by a codicil to the will of the protected person or former
protected person executed immediately before his death.
(3) The Court shall,
on making an order under subsection (1), direct that a certified copy of
the order be made on the probate of the will and may, for that purpose,
require the production of the probate.
(4) An application
under this section must be made within six months from the date of the grant
in this State of probate of the will unless the Court, after hearing such of
the persons affected as the Court thinks necessary, extends the time for
making the application.
(5) An extension of
time granted under subsection (4) may be granted—
(a) on
such conditions as the Court thinks fit; and
(b)
whether or not the time for making an application under this section has
expired.
(6) An application for
extension of time must be made before the final distribution of the estate.
(7) A distribution of
any part of the estate made before an application for extension of time shall
not be disturbed by reason of the application or any order made upon the
application.
(8) This section does
not apply in respect of the will of a deceased person who died before the
commencement of this section.