A will, an enduring power of attorney and an advance care directive are three separate legal documents that each serve a different purpose. Together, they set out who can make decisions on your behalf if you are unable to, and how your estate is distributed when you die. Most adults benefit from having all three in place and kept up to date.
Wills
A will is now governed in South Australia by the Succession Act 2023, which replaced the Wills Act 1936 from 1 January 2025. For a will to be valid, it generally needs to be in writing, signed by you, and witnessed in accordance with formal requirements. Errors in signing or witnessing are one of the most common reasons a DIY or online will is later found to be invalid or open to challenge.
When to update your will
Review your will after marriage, separation or divorce, the birth of children or grandchildren, a significant change in your assets, or if an executor you named is no longer able or willing to act.
Who can see your will
The Succession Act 2023 gives certain people — including those named or referred to in the will, your spouse or domestic partner, children, stepchildren, and those who would be entitled on intestacy — a statutory right to inspect or obtain a copy of your will after your death.
Enduring power of attorney
An enduring power of attorney is governed by the Powers of Attorney and Agency Act 1984 (SA). It lets you appoint someone to make financial and legal decisions on your behalf, and continues to operate even if you later lose capacity — which is the key difference from an ordinary power of attorney. You choose when it takes effect: immediately, or only if and when you lose capacity. It generally only needs to be registered with the Lands Titles Office if your attorney will be dealing with real property on your behalf.
Advance care directive
An advance care directive is governed by the Advance Care Directives Act 2013 (SA). It deals with health, end-of-life and personal or lifestyle decisions — matters an enduring power of attorney does not cover. You can record your own wishes and appoint substitute decision-makers to act if you are unable to communicate your decisions yourself. It must be witnessed by two adult witnesses, at least one of whom is an authorised witness (such as a lawyer, justice of the peace, doctor or police officer), and certain people — including an appointed substitute decision-maker or someone with an interest in your estate — cannot act as a witness.
How the documents work together
A will takes effect after you die. An enduring power of attorney and an advance care directive operate while you are alive but unable to make decisions yourself. Having all three in place, naming people you trust, and keeping them updated as your circumstances change, is the most effective way to reduce stress and uncertainty for your family — and to reduce the risk of a later dispute. See our Contested Estates & Family Provision page for how disputes can arise, and why clear, properly executed documents matter.
Frequently asked questions
What is the difference between an enduring power of attorney and an advance care directive?
An enduring power of attorney covers financial and legal decisions. An advance care directive covers health and personal lifestyle decisions. They are governed by different Acts, and most people need both.
When does an enduring power of attorney take effect?
You choose — it can operate immediately, or only once you lose capacity to make decisions yourself.
Do these documents need to be registered?
An enduring power of attorney generally only needs registration if your attorney will deal with real property on your behalf. An advance care directive does not require registration, but should be witnessed correctly and kept accessible to those who may need it.
Can I write my own will without a lawyer?
You can, but DIY and online wills carry a meaningfully higher risk of invalid execution, ambiguity, or provisions that do not achieve what you intended — risks that usually only become apparent after you have died, when they are far harder to fix.
How often should I review these documents?
After any major life change — marriage, separation, divorce, births, a significant change in assets, or if someone you appointed is no longer able or willing to act.
These documents are the foundation the rest of estate administration relies on. Wills & Estates explains what happens when they are missing, unclear or challenged.
Contact WPI Lawyers to put a will, enduring power of attorney and advance care directive in place, or to review documents you already have.