The Succession Act 2023 (SA) will make significant changes to the law regarding wills and estates in South Australia. It is due to commence on 1 January 2025. The information in this chapter will be updated following commencement.
Usually a person is appointed both as an executor and a trustee although there is a difference in these functions. The executor's role ends after all the assets of the estate have been collected, all the debts have been paid and the balance is distributed to the beneficiaries. Where the terms of the will create continuing duties, such as the support and maintenance of young children or the administration of money for someone's benefit, this role is performed by the trustee.
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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