Wills and estate planning in South Australia

• Succession Act 2023 (SA) (SA)

  The principal Act, in operation from 1 January 2025. Part 2 covers making, altering, revoking and reviving wills, including the signing requirements in section 8 and the Court's power in section 11 to admit an informal document. Part 5 sets the intestacy rules, and Part 6 deals with family provision: who can claim (section 115), what the Court must consider (section 116) and the 6 month time limit (section 118).

• Wills Act 1936 (SA) (repealed) (SA)

  Repealed by Schedule 3 clause 3 of the Succession Act 2023 (SA) on 1 January 2025. Background for wills made before that date. Its signing rules in section 8 were the same in substance as those in section 8 of the new Act.

• Powers of Attorney and Agency Act 1984 (SA) (SA)

  The main Act regulating general and enduring powers of attorney in South Australia. Under section 6 an enduring power continues to operate after the donor loses legal capacity, must be witnessed by a person authorised to take affidavits and must carry the attorney's signed statement of acceptance. Section 11 gives the Supreme Court power to deal with disputes about an enduring power.

• Advance Care Directives Act 2013 (SA) (SA)

  Creates the advance care directive, a single document that can appoint substitute decision makers for health, accommodation and personal matters and record refusals of health care, which are binding (section 19). Section 13 says it cannot give a power of attorney. Part 5A, in force from 9 July 2026, gives substitute decision makers limited powers to decide that a person will move from a public hospital into residential aged care and to authorise their detention there, with review by SACAT.

• Guardianship and Administration Act 1993 (SA) (SA)

  Allows the South Australian Civil and Administrative Tribunal to make guardianship orders (section 29) and administration orders (section 35) for a person with a mental incapacity, for example where no enduring appointment was made or existing arrangements are not working, and requires the Tribunal to review those orders (section 57).

• Superannuation Industry (Supervision) Act 1993 (Cth) (CTH)

  Commonwealth law governing superannuation death benefits. It applies in South Australia and, with the Superannuation Industry (Supervision) Regulations 1994 (Cth), controls who a fund can pay a death benefit to and when a binding nomination is effective.

• Supreme Court of South Australia, Probate Registry

  The Supreme Court has exclusive jurisdiction over deceased estates. Its Probate Registry issues grants of probate and letters of administration (all lodgements are electronic through CourtSA) and holds wills deposited for safe keeping. Contested estate cases start in the Civil Registry, and the Court decides informal will, court authorised will and family provision applications and disputes about enduring powers of attorney.

• South Australian Civil and Administrative Tribunal

  Makes guardianship and administration orders, can revoke an advance care directive or replace a substitute decision maker, and reviews disputes under advance care directives, usually after the Public Advocate has tried to resolve them. It does not decide disputes about enduring powers of attorney, but an administrator it appoints can revoke one.

• Public Trustee (South Australia)

  Prepares wills and enduring powers of attorney free of charge for eligible concession holders (including people on certain Centrelink payments) and people under administration or protection orders, if it is named executor or attorney, and keeps those wills in safe custody. Acts as executor and administrator of deceased estates and can be appointed administrator of a person's financial affairs.

• Office of the Public Advocate (South Australia)

  Gives information about advance care directives, substitute decision making and guardianship, resolves disputes about advance care directives, investigates concerns and acts as guardian when the Public Advocate is appointed.

1. 01List your assets and how they are held

   Record real property and whether it is held as joint tenants or tenants in common, bank accounts, shares, superannuation and insurance held inside super, business and trust interests and overseas assets. A share you own as a joint tenant passes automatically to the surviving owner and cannot be left by your will, and superannuation is paid under the fund's rules.

   Typical timeframe: Depends on how complex your affairs are

2. 02Choose your executor and decide the structure

   Decide who administers the estate, who inherits, what happens if a beneficiary dies before you, and whether any share should be held in a testamentary trust. Consider who could bring a family provision claim under section 115 of the Succession Act 2023 (SA).

   Typical timeframe: Depends on your family and assets

3. 03Draft the will and the planning documents

   Prepare the will together with an enduring power of attorney under the Powers of Attorney and Agency Act 1984 (SA) and an advance care directive under the Advance Care Directives Act 2013 (SA).

   Typical timeframe: Depends on the documents you need

4. 04Execute the will

   Sign the will at the end in front of two or more witnesses who are present at the same time, and have them sign in your presence (section 8). The Succession Act 2023 (SA) has no provision for witnessing a will by video link, so have everyone in the same room.

   Typical timeframe: Usually one sitting

5. 05Sign the enduring power of attorney

   Sign in front of a witness who is authorised to take affidavits, such as a lawyer or justice of the peace, and have your attorney sign the statement of acceptance (section 6). Before your attorney can deal with your land, the power must be lodged with Land Services SA.

   Typical timeframe: Depends on witnesses and any lodgement

6. 06Make an advance care directive

   Use the approved South Australian form. You can appoint one or more adult substitute decision makers, record your values and any refusals of health care, and have the form witnessed by an authorised witness, such as a justice of the peace, lawyer, health practitioner, police officer, social worker or teacher, who is not a beneficiary, a substitute decision maker or your own health practitioner or paid carer. Each substitute decision maker signs the form to accept.

   Typical timeframe: Depends on witnesses and acceptances

7. 07Refresh your superannuation nomination

   Confirm what nomination types your fund allows and lodge a new one. Most binding nominations expire after three years unless your fund offers a non-lapsing type.

   Typical timeframe: Depends on the fund

8. 08Store the originals and review

   Keep the signed original will somewhere safe, such as with your lawyer, in bank safe custody, with the Public Trustee if it prepared the will, or deposited with the Probate Registry under section 45 (fee $152 as at 1 July 2026). Give copies of the advance care directive to your substitute decision makers, GP and hospital, and tell your executor where everything is.

   Typical timeframe: Review every few years and after major life events

A lawyer's fee for a will depends on how long it takes, so testamentary trust wills, blended family planning and business succession cost more than a simple will. Ask for a written costs disclosure before engaging anyone. The Public Trustee prepares wills and enduring powers of attorney free of charge only for eligible concession holders (including people on certain Centrelink payments) and people under administration or protection orders, and only if it is named executor or attorney; it charges a commission based on the value of the estate when it administers it. Supreme Court probate fees as at 1 July 2026 are $1,020 where the estate's gross value is $200,000 or less, $2,038 up to $500,000, $2,715 up to $1 million and $4,075 above $1 million. Depositing a living person's will with the Registry costs $152 (as at 1 July 2026). A court fee is usually payable to start a family provision claim, and it can be waived in some circumstances. In family provision cases the Court can make whatever costs order it considers just, which may mean costs are paid from the estate or by a party who loses, and it can order security for costs (sections 117 and 119(8)).