What's New

On 1 January 2025, important changes to the law relating to Wills and Estates in South Australia will come into effect, with the commencement of the Succession Act 2023.

Legal Services' CEO Annmarie Lumsden has welcomed these important updates and is encouraging all South Australians to use these changes as the time to consider their personal circumstances and to plan for the future.

“Now is the time to ensure you have a current will, power of attorney, and advance care directive in place and that your wishes are made known to your loved ones.

"These legal tools are essential for ensuring your wishes and values are respected," she said.

The introduction of the Succession Act 2023 will repeal and replace three South Australian Acts – the Wills Act 1936, the Administration and Probate Act 1919 and the Inheritance (Family Provision) Act 1972 – with the introduced changes based on recommendations from a series of independent reviews conducted by the South Australian Law Reform Institute.

Key Changes

• New right to inspect wills after death – individuals with a proper interest in a deceased person's will can now inspect it.
• Minor updates to the categories of persons eligible to apply to the Supreme Court for family provision orders.
• Clearer guidelines for family provision orders – a codified list of factors the Supreme Court must consider, emphasising the deceased person’s wishes as the most important factor.
• Expanded intestacy rules – the estate of someone who dies without a valid will may now pass to additional relatives (children of first cousins).
• Accountability for executors and administrators – new court powers to ensure executors and administrators fulfill their responsibilities in estate administration.

While Legal Services recommends consulting a private lawyer for will preparation and family provision matters, it offers free legal education, information, and general advice about wills and estates.

“Our website includes a range of resources on a broad range of topics relevant at all stages of life,” Ms Lumsden said.

“Our End of Life Planning Checklist and Worksheet is a particularly useful tool to help you plan for your future and record important details for those who may need them one day.

“We can also provide general information and advice about wills and estates to anyone via our free legal helpline.”

Call our free Legal Helpline on 1300 366 424 or visit: lsc.sa.gov.au, to understand more about how these changes might affect you.