Wills & Estates in South Australia — What You Need to Know Right Now
Do You Need a Lawyer?
You can make a simple will or apply for a straightforward grant yourself, but a lawyer becomes important in several situations. Consider getting advice if the estate includes real property, a business, a self-managed super fund, or assets held in trusts or companies; if there is any chance the will could be contested; if you are an executor unsure of your duties or facing a dispute between beneficiaries; if you want to contest a will or defend a family provision claim (these are run in the Supreme Court Civil Registry and have a strict six-month deadline); or if the deceased's capacity, or undue influence over them, is in question. Because the Succession Act 2023 is new — it has changed who can claim and made the deceased's wishes the Court's primary consideration in a family provision claim — advice on the current law, not the repealed Acts, matters more than ever. A lawyer can also tell you quickly whether a court application is even needed.
The Law in South Australia
Since 1 January 2025, the Succession Act 2023 (SA) is the principal Act for wills and estates in South Australia. It is a consolidation: will-making and formal validity (previously the Wills Act 1936), grants of probate and administration and the role of the Public Trustee (previously the Administration and Probate Act 1919), and family provision or "contesting a will" (previously the Inheritance (Family Provision) Act 1972) all now sit in the one statute. Those three older Acts are repealed, though they remain relevant for understanding wills made before 2025.
For a will to be valid in South Australia, the will-maker must have testamentary capacity (understand what they own and who they are providing for), must intend the document to be their will, and the will must be in writing, signed by the will-maker, and witnessed by two adult witnesses present at the same time. A will can be revoked by a later will, by destruction, and in certain circumstances by marriage or divorce. Where the formal requirements are not met, the Court may still validate a document if satisfied it was intended as the will; otherwise the will may be set aside, and the estate then passes under an earlier valid will or under the intestacy rules.
When someone dies, the executor named in the will (or the next of kin where there is no will) generally needs authority to deal with the estate. That authority comes from a grant issued by the Supreme Court of South Australia Probate Registry — a grant of probate where there is a valid will, or letters of administration where there is no will, no executor, or the executor cannot act. The Probate Registry checks the application for compliance with the Succession Act 2023. Once granted, the executor or administrator collects the assets, pays the deceased's debts, and distributes what remains to the beneficiaries or, on intestacy, according to the statutory formula.
Dying without a will (intestacy) triggers a fixed distribution. Under the Succession Act 2023, a surviving spouse or domestic partner with no children takes the whole estate. Where there are children, the spouse or partner receives the deceased's personal effects, a preferential legacy of $120,000 (increased from $100,000 under the old law), and a share of the rest, with the balance going to the children. More distant relatives inherit only where there is no spouse, partner or child.
Contesting a will — a family provision claim — is now governed by the Succession Act 2023. The reforms changed who is eligible to claim and, importantly, made the deceased's testamentary wishes the Court's primary consideration. Eligible claimants are principally a spouse or domestic partner and children, with former spouses and partners, stepchildren, grandchildren, parents and siblings able to claim only in more limited circumstances. The claim is heard in the Supreme Court Civil Registry, which also hears contested probate actions over a will's validity, capacity or undue influence. A family provision claim must generally be brought within six months of the grant, though the Court can extend time in some cases if the estate has not been fully distributed.
Key Legislation & Courts
KEY SOUTH AUSTRALIA WILLS AND ESTATES LEGISLATION AND COURTS
Principal legislation: Succession Act 2023 (SA) — in force 1 January 2025; the single governing Act for will-making, intestacy, grants of probate/administration, estate administration, and family provision.
Repealed/consolidated into the above: Wills Act 1936 (SA); Administration and Probate Act 1919 (SA); Inheritance (Family Provision) Act 1972 (SA) — all ceased on commencement of the Succession Act 2023 but still relevant to pre-2025 wills.
Public Trustee: Public Trustee Act 1995 (SA) — establishes the Public Trustee of South Australia.
Courts: Supreme Court of South Australia — Probate Registry (non-contentious grants of probate and letters of administration); Supreme Court of South Australia — Civil Registry (contested probate and family provision claims).
Key bodies: Public Trustee (SA) — prepares wills, acts as executor/administrator, and from 1 January 2025 may administer small estates ($100,000 or less, no real property) without a grant; Legal Services Commission of South Australia — free Legal Help Line 1300 366 424.
What Happens Next — Step by Step
1
Work out your role and whether a court grant is even needed — executor, administrator, beneficiary or potential claimant — and check the estate's value and whether it includes real property, because small estates ($100,000 or less, no real property) may be handled by the Public Trustee without going to the Supreme Court.
2
Locate the key documents: the original will (and any earlier wills), the death certificate, and a list of assets and debts. If you have a proper interest in the estate, the Succession Act 2023 now gives you a right to inspect the will.
3
Note any deadlines immediately — in particular, a family provision claim to contest a will must generally be started within six months of the grant. If you might contest, act now rather than later.
4
If a grant is needed, prepare the application to the Supreme Court of South Australia Probate Registry for probate (with a will) or letters of administration (no will or no executor), and budget for the tiered filing fee based on the estate's value.
5
Get help where it counts: call the Legal Services Commission Help Line on 1300 366 424 for free general information, and book a fixed-fee consultation with an admitted Australian lawyer for drafting, a complex grant, or any dispute.
Mistakes to Avoid
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Relying on the repealed Acts. Many online templates and articles still refer to the Wills Act 1936 or the Inheritance (Family Provision) Act 1972 — but since 1 January 2025 the Succession Act 2023 governs everything, and family provision eligibility and the weight given to the deceased's wishes have changed.
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Missing the six-month family provision deadline. People assume they can challenge a will at any time. In South Australia a family provision claim must generally be brought within six months of the grant; delay can cost you the right to claim.
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Assuming you always need to go to court. Small estates of $100,000 or less with no real property can often be administered by the Public Trustee without a grant, and an organisation holding up to $15,000 may release it directly to a surviving spouse, partner or child — so a full probate application may be unnecessary.
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Making an invalid will. Home-made or DIY wills frequently fail because they are not signed and witnessed correctly (two adult witnesses present at the same time), or because the will-maker's capacity is later questioned, sending the estate into intestacy or dispute.
Likely Outcomes
Realistic outcomes depend on your role. For an executor or administrator, the usual result is a grant of probate or letters of administration from the Probate Registry, which authorises you to collect and distribute the estate; uncontested grants commonly take a few weeks to a few months once a complete application is filed, longer if the Registry raises requisitions. Supreme Court filing fees (from 1 July 2025) are tiered by estate value: $987 for estates up to $200,000, $1,973 for $200,001–$500,000, $2,628 for $500,001–$1 million, and $3,945 for estates over $1 million. For very small estates, no grant may be needed at all — the Public Trustee can administer estates of $100,000 or less with no real property, and an organisation such as a bank holding up to $15,000 may release it directly to a surviving spouse, partner or child. On intestacy, distribution follows the statutory formula (spouse takes all where there are no children; otherwise personal effects plus a $120,000 preferential legacy plus a share of the rest, balance to children). A successful family provision claim results in the Court ordering provision out of the estate — awards range from modest lump sums to a substantial share, depending on need, the size of the estate and the deceased's wishes; an unsuccessful claim can mean a costs order against the claimant. Family provision claims must generally be commenced within six months of the grant.
Grant of probate / administration
Issued by the Supreme Court Probate Registry, authorising the executor or administrator to deal with the estate. Filing fees (from 1 July 2025) are tiered: $987 (up to $200,000), $1,973 ($200,001–$500,000), $2,628 ($500,001–$1m), $3,945 (over $1m).
Small estate, no grant
From 1 January 2025 the Public Trustee can administer estates of $100,000 or less with no real property without a court application, and an organisation holding up to $15,000 may release it directly to a surviving spouse, partner or child — saving time and Supreme Court fees.
Intestacy distribution
No will means the Succession Act 2023 formula applies: a spouse or domestic partner with no children takes the whole estate; with children, the spouse takes personal effects plus a $120,000 preferential legacy plus a share of the rest, the balance to the children.
Family provision claim
A successful claim means the Court orders provision out of the estate, from a modest lump sum to a substantial share, weighing need, estate size and the deceased's wishes. An unsuccessful claim can attract a costs order. Generally start within 6 months of the grant.
Legal Aid in South Australia
The Legal Services Commission of South Australia runs a free Legal Help Line on 1300 366 424, which can give general legal information about wills, probate and contesting estates, and point you to the right next step. The Commission also publishes the SA Law Handbook online, a reliable free reference for South Australian succession law. Be honest about the limits: these services provide general information and initial guidance rather than ongoing representation, and grant-funded legal aid for wills and estates disputes is very limited because most are civil matters about money. The Public Trustee (SA) can prepare wills and act as executor or administrator. For drafting a will, applying for a grant, or running or defending a family provision claim, you will usually need to engage a private wills and estates lawyer — but the free Help Line is a sensible first call to understand your position before you spend money.
How Legal Hotline Can Help
Legal-Hotline.com is a free, 24/7 AI-assisted legal information service from Platfirm AI. We are not a law firm and we do not give legal advice. What we do is help you understand the wills and estates landscape in South Australia — explaining how the Succession Act 2023 works, what a grant of probate or letters of administration involves, what the intestacy rules mean for your family, what the filing fees are, and whether your situation has a deadline (like the six-month family provision window). That is legal information: general explanations of the law and process. Legal advice — someone applying the law to your specific facts and telling you what to do — can only come from an admitted Australian lawyer. When you need that, we can book you a fixed-fee consultation with an admitted Australian lawyer, so you know the cost upfront before you commit. Call any time to talk it through.
Frequently Asked Questions — Wills & Estates in South Australia
What law governs wills and estates in South Australia now?
The Succession Act 2023 (SA), in force since 1 January 2025. It is a single Act that replaced the Wills Act 1936, the Administration and Probate Act 1919 and the Inheritance (Family Provision) Act 1972. Those older Acts are repealed but still matter for understanding wills made before 2025.
Do I always need a grant of probate in South Australia?
No. A grant of probate (with a will) or letters of administration (no will or no executor) is generally needed before you can deal with significant assets, but small estates of $100,000 or less with no real property can often be administered by the Public Trustee without a grant, and an organisation holding up to $15,000 may release it directly to a surviving spouse, partner or child.
How much are probate filing fees in South Australia?
Supreme Court fees from 1 July 2025 are tiered by estate value: $987 for estates up to $200,000, $1,973 for $200,001 to $500,000, $2,628 for $500,001 to $1 million, and $3,945 for estates over $1 million. These are court filing fees only, separate from any lawyer's costs.
What makes a will valid in South Australia?
Under the Succession Act 2023, the will-maker must have testamentary capacity, must intend the document to be their will, and the will must be in writing, signed by the will-maker, and witnessed by two adult witnesses present at the same time. A will that is not properly executed may be set aside, though the Court can sometimes validate a document it is satisfied was intended as the will.
What happens if someone dies without a will in South Australia?
The intestacy rules in the Succession Act 2023 apply. A surviving spouse or domestic partner with no children takes the whole estate. Where there are children, the spouse receives the personal effects plus a $120,000 preferential legacy plus a share of the rest, with the balance to the children.
How long do I have to contest a will in South Australia?
A family provision claim under the Succession Act 2023 must generally be commenced within six months of the date of the grant of probate or administration. The Court can sometimes extend time if the estate has not been fully distributed, but you should never rely on that — act promptly and get advice early.
Who can contest a will in South Australia?
Eligibility was changed by the Succession Act 2023. The main eligible claimants are a spouse or domestic partner and children. Former spouses and partners, stepchildren, grandchildren, parents and siblings can claim only in more limited circumstances. The Court now treats the deceased's wishes as its primary consideration.
Where are will disputes heard in South Australia?
Non-contentious grants are issued by the Supreme Court of South Australia Probate Registry. Contested matters — disputes over a will's validity, capacity or undue influence, and family provision claims — are commenced through the Civil Registry of the Supreme Court.
What does an executor have to do in South Australia?
An executor collects the deceased's assets, pays the debts, and distributes what remains to the beneficiaries. If a grant of probate is required, the executor applies to the Probate Registry first. Executors can be personally liable for getting it wrong, so advice helps.
Can the Public Trustee help with my will or a deceased estate?
Yes. The Public Trustee of South Australia, under the Public Trustee Act 1995, can prepare wills, act as executor or administrator, and from 1 January 2025 administer small estates ($100,000 or less, no real property) without a court grant. It is a statutory body, not a court.
For general information about Wills & Estates in Australia, visit our Wills & Estates Legal Hotline Australia page.