This information is general and should not be a substitute for legal advice. The Legal Services Commission provides free advice for most legal problems. Contact the Legal Helpline on 1300 366 424 or visit www.lsc.sa.gov.au or www.lawhandbook.sa.gov.au
A will is a powerful legal tool that can speak for you after you have died. By making a will, you can give legal force to your wishes and values and reduce uncertainty for your loved ones.
Making a will is also a good opportunity to speak with your loved ones about your wishes and values and theirs as well. Speaking about death can be difficult, but it is important to plan ahead and discuss the future while you still can. This can help your loved ones manage your affairs according to your wishes after you have died.
You can make a will as soon as you turn 18. You should think about making a will if you have
You should also make a will if you have family who you would prefer not to inherit your estate.
See What if I die without a will? to learn who will inherit your estate if you die without a valid will in place.
Provided it meets certain basic criteria (see What is a will?), a will can be as unique and creative as its maker.
You can set out your wishes about
Funeral and burial wishes set out in your will are not binding on your executor, but a statement that you do not wish to be cremated is legally binding.
If you have strong views about your funeral, burial, or cremation, you should discuss this with your loved ones and choose an executor who will honour your wishes.
Jointly owned property (such as a house or bank account) automatically passes to the co-owner upon your death and cannot be left in a will.
Debts and liabilities cannot be inherited. They will be paid before the estate is distributed to beneficiaries.
Superannuation is not automatically part of your estate and is subject to the rules of your super fund. You may be able to make a binding nomination that your super be paid into your estate.
Your body is not considered property and cannot be left as such in a will. You may set out your preferences if you wish to donate your organs or donate your body to science after death.
Without a valid will, the law of intestacy will decide where your estate will go. This may or may not accord with your wishes because it may
To die intestate means to die without a valid will. The law that governs the estates of intestate persons is known as the law of intestacy.
See What if I die without a will? for more information about who will inherit your estate.
The law of intestacy only recognises family relationships and cannot take into account friendships, community groups or charities that may matter to you.
If you die without a will, then, unless you have made other arrangements, you cannot choose who will arrange your funeral, dispose of your body, or administer your estate. Decisions may be made that do not accord with your personal, ethical, spiritual or cultural values.
It may also be more difficult for your loved ones to determine what you would have wanted. Managing your affairs may be more stressful, time-consuming and expensive than it needed to be at a time when your loved ones are grieving.
See Making a will and getting legal help to learn more about how to make your will and who can help you.
12 February 2025
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