On 1 January 2025, wills and estates law in South Australia changed with the introduction of the Succession Act 2023.
This change inspired us to prepare a short factsheet series to provide plain English information for anyone who is thinking about making a will. In this series we explain what a will is, why you might benefit from making one, and what happens if you die without a valid will. We set out how to make a will in South Australia and where to get legal help.
We also explain the key roles and responsibilities of an executor and how to choose one, when you might need to change your will and how to do so, and who can view or contest (challenge) your will after you have died.
These factsheets can be read individually or as a series. The first document includes definitions of the key legal terms used in this series.
We welcome your feedback about the appearance, readability or content of this factsheet series. Email news@lsc.sa.gov.au or complete our Online Feedback Form.
This factsheet explains who this factsheet series is for and how it is designed to help, and provides a list of legal terms used in the series and what they mean.
This factsheet explains what a will is, who can make one, and how a will is different from a power of attorney and an advance care directive.
This factsheet explains why it is important to have a will, when you should think about making one, and what can and cannot go in a will.
Factsheet 3 Making a will and getting legal help
This factsheet explains why it is important to see a lawyer to make your will, the risks with using other methods to make your will, and where to go for legal help.
Factsheet 4 Choosing an executor
This factsheet explains what an executor is, some factors you may wish to consider when choosing an executor, some of the duties of an executor, and what to do if problems arise with your executor.
Factsheet 5 I have a will. Now what?
This factsheet explains when you may need to update your will and how to update or revoke (cancel) your will.
Factsheet 6 Who can view my will?
This factsheet explains who is legally entitled to see your will while you are alive and after you have died.
Factsheet 7 Who can contest my will?
This factsheet explains some of the reasons a person may wish to contest (challenge) your will after you have died, and when the court may consider making a family provision order.
Factsheet 8 What if I die without a will?
This factsheet sets out who will inherit your estate if you die without a valid will.
Factsheet 9 The new Succession Act
This factsheet explains the key law changes made by the Succession Act 2023 when it came into operation on
1 January 2025.
This factsheet answers some frequently asked questions about wills and estates, including what to do if you have changed your name, how to stop your will being contested after you die, and what to do if there is a question about your legal capacity to make a will.
Wills and Estates Factsheet Series
This PDF document includes all of the factsheets in this series in a consolidated form.
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