Wills and estates work covers two different situations: planning ahead while you are well and able to make decisions, and administering or resolving an estate after someone has died. Getting the first right makes the second considerably easier for the people you leave behind.
South Australia’s succession law changed significantly on 1 January 2025, when the Succession Act 2023 (SA) came into force and replaced the Wills Act 1936, the Administration and Probate Act 1919 and the Inheritance (Family Provision) Act 1972. We advise under the current law, not the superseded Acts still referenced on many older resources.
Planning ahead
A valid, up-to-date will, an enduring power of attorney and an advance care directive are three separate documents that each do a different job. Together they set out who makes decisions on your behalf, and how your estate is distributed, if you lose capacity or when you die. See Wills, Enduring Powers & Advance Care for how these documents work and interact.
Administering an estate
When someone dies, their estate usually needs to be formally administered before assets can be distributed. Which process applies depends on whether there is a valid will and a willing executor.
There is a will and an executor
The executor named in the will generally applies for a grant of probate from the Supreme Court of South Australia before administering the estate.
There is no valid will, or no executor able to act
Someone eligible under the statutory priority order can apply for letters of administration instead.
A beneficiary or family member disputes the outcome
Where someone believes a will is invalid, or that they have not received adequate provision from an estate, our Contested Estates & Family Provision page explains the process and the strict time limits that apply.
Frequently asked questions
Do I need a lawyer to write a will?
You are not legally required to use a lawyer, but DIY and online wills carry a higher risk of errors, ambiguity or invalid execution that can cause serious problems for your estate later. A properly drafted and witnessed will is one of the more cost-effective things you can arrange.
How often should I update my will and related documents?
Review them after major life events — marriage, separation, divorce, the birth of children or grandchildren, a significant change in assets, or the death of an executor or attorney you had appointed.
What is the difference between a power of attorney and an advance care directive?
An enduring power of attorney deals with financial and legal decisions. An advance care directive deals with health and personal lifestyle decisions. They are governed by different Acts and serve different purposes — most people need both.
Does the new Succession Act affect a will I already have?
It can affect how your estate is administered and what claims can be made against it, even if your will itself was made years ago. It is worth having existing wills and estate plans reviewed against the current law.
Contact WPI Lawyers to discuss your wills, estate planning or estate administration matter.