South Australian Consolidated Acts South Australian Consolidated Acts43—Where administration has disturbed entitlements of beneficiaries, the
Supreme 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 Supreme 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
subject to administration under this Division.
(2) An order made by
the Court under subsection (1) operates and takes 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 or her death.
(3) The Court must, on
making an order under subsection (1), direct that a certified copy of the
order be made on the probate (or letters of administration) of the will and
may, for the purpose, require the production of the relevant document.
(4) An application
under this section must be made within six months from the date of the grant
in this State of probate or letters of administration 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 will
not be disturbed by reason of the application or any order made on the
application.
(8) This section does
not apply in respect of the will of a person who died before 1 January
1985.