Handwritten Wills in South Australia: Are They Legally Valid? (2025 Guide)

Handwritten wills can be legally recognised in Australia in some circumstances — but South Australia has its own specific rules and court practices that determine whether a handwritten will is actually valid here. Whether you’re in Adelaide, Mount Gambier, Whyalla, Port Augusta, Murray Bridge, or anywhere else in South Australia, this guide explains how handwritten wills are treated under South Australian law, what formal requirements must be met, and why many handwritten wills still fail despite good intentions.

If you’re looking for a broader overview of handwritten wills across Australia, see our national guide to handwritten wills in Australia.

What Counts as a Handwritten Will in South Australia?

A handwritten will (sometimes called a “holographic will”) is simply a will that is written by hand rather than typed or professionally drafted.

In South Australia, the law does not prohibit handwritten wills — but handwriting alone does not make a document legally valid.

What matters is how the will is executed, not how it is written.

The Legal Requirements for a Valid Will in South Australia

In South Australia, wills are governed by the Succession Act 2023 (SA) (which replaced the Wills Act 1936 (SA)). South Australian succession law has specific requirements that must be met for a will to be legally valid. For a comprehensive overview of will requirements across Australia, see our guide: How to Make a Legally Valid Will in Australia.

For a handwritten will to be legally valid in South Australia, it must generally:

• Be in writing (handwritten documents qualify)
• Be signed by the will-maker (the “testator”)
• Be witnessed by two adult witnesses
• Be signed by those witnesses in the testator’s presence
• Clearly show an intention to operate as a will

If any of these elements are missing, the will may be invalid — even if it is entirely handwritten and clearly expresses personal wishes.

Witnessing Rules That Commonly Invalidate Handwritten Wills

Witnessing is where many handwritten wills in South Australia fail.

To meet SA requirements:

• The testator must sign in front of two witnesses
• Both witnesses must be present at the same time
• Both witnesses must then sign the will
• Witnesses should ideally not be beneficiaries

If a beneficiary acts as a witness, it can create legal complications and may invalidate their gift under the will, even if the rest of the will remains valid. While South Australian law technically allows beneficiaries to witness, it’s not recommended and can lead to disputes or complications.

Best practice: Use independent, disinterested witnesses who have no stake in your estate. This ensures your will is valid and reduces the risk of challenges.

Handwritten Wills vs Informal Documents in South Australia

Not every handwritten document is a will.

South Australian courts distinguish between:

✔ Properly Executed Handwritten Wills

These meet all legal requirements and are treated like any other valid will. They have:

• Clear signatures from the testator
• Two independent witnesses who signed correctly
• Clear intention to operate as a will
• Proper dating and identification

✖ Informal Handwritten Documents

Examples include:

• Notes
• Letters
• Diaries
• Drafts
• Unwitnessed documents

These are not automatically valid, even if handwritten and signed. They may express wishes, but without proper execution, they don’t have legal force as wills.

Can South Australian Courts Accept an Informal Handwritten Will?

Yes — but only in limited circumstances.

South Australia allows courts to exercise a “dispensing power”, meaning the court may accept an informal document as a will if it is satisfied the deceased intended it to operate as their will.

South Australian courts have accepted informal handwritten documents as wills in limited cases where clear testamentary intention was proven. For example, in Re Estate of Hall [2011] SASC 117, the Supreme Court of South Australia accepted an informal document that didn’t meet formal witnessing requirements after being satisfied the deceased clearly intended it to operate as their will. However, cases like this require court applications, supporting evidence, and significant legal costs.

However:

• This requires a court application — You can’t simply rely on it
• Evidence must be gathered — Family members, witnesses, and experts may need to testify
• Outcomes are uncertain — The court may or may not accept the document
• Costs are often significant — Legal fees, court costs, and expert witness fees can add up quickly, often ranging from several thousand dollars to $20,000+ depending on complexity

Relying on court discretion is risky and rarely recommended as an estate-planning strategy. It’s far better to ensure your will meets all legal requirements from the start.

Testamentary Capacity and Age Requirements in SA

To make a valid will in South Australia, the will-maker must:

• Usually be 18 years or older (16 in South Australia with parental consent, or if you’re married, or with court approval)
• Have testamentary capacity, meaning they understand:
  • The nature of a will
  • The extent of their estate
  • Who they are providing for
  • The effect of their decisions

A handwritten will can still be challenged if capacity is in doubt — particularly where no professional assistance was involved. Family members may question whether you understood what you were doing, especially if the will seems unusual or contradicts earlier wishes. This is one reason why handwritten wills face more challenges than professionally prepared alternatives.

Common Problems with Handwritten Wills in South Australia

Even when well-intentioned, handwritten wills often run into problems such as:

• Missing or invalid witnessing — The most common failure point. Witnesses not present at the same time, or incorrect signing procedures, invalidate the will.

• Ambiguous language — Informal wording can be interpreted multiple ways, creating uncertainty about your true intentions.

• Unclear beneficiary identification — “My friend John” when you have multiple friends named John creates confusion and disputes.

• Missing dates — Makes it unclear which version is current, especially if multiple drafts exist.

• Partial documents or lost pages — Incomplete wills create confusion about your final wishes.

• Conflict with earlier wills — Not properly revoking previous wills can lead to competing claims.

These issues frequently lead to disputes, delays, and increased costs for families. What was intended to be simple and personal can become a source of conflict and legal battles.

Why Most South Australians Choose Guided Will Creation

Given the risks and complexity of creating a valid handwritten will, most South Australians choose guided will-creation platforms like Will Hero. Here’s why:

Handwritten wills require perfect execution — One mistake in witnessing, wording, or execution can invalidate your entire will, leaving your family to deal with intestacy laws.

Guided platforms eliminate guesswork — Will Hero’s platform ensures you meet all South Australian legal requirements, with state-specific signing instructions and professional review included.

Professional review catches errors — Every Will Hero will is reviewed by experts who check for common mistakes that could invalidate your will.

Easy updates — Life changes? Will Hero includes 12 months of free updates, so you can revise your will without starting from scratch.

Peace of mind — Knowing your will is properly executed and legally valid gives you and your family confidence.

While handwritten wills can be legally valid in South Australia, the risks often outweigh the benefits. A properly prepared will — whether created online with guidance or through a lawyer — provides the security and clarity your family needs.

Practical Tips If You’re Writing a Handwritten Will in SA

Important: Even if you follow these steps perfectly, handwritten wills remain more vulnerable to challenge than properly prepared alternatives. These tips can reduce risk, but they don’t guarantee your will will be valid or unchallenged.

If you are considering a handwritten will in South Australia, these steps can reduce risk:

1. Clearly state: “This is my last will and testament.”
2. Use full legal names and clear descriptions for all beneficiaries
3. Date the document — Include the full date (day, month, year)
4. Sign in front of two adult witnesses — Both must be present at the same time
5. Ensure witnesses sign correctly — They must sign in your presence
6. Avoid appointing witnesses as beneficiaries — Use independent witnesses
7. Revoke previous wills — State clearly that this revokes all previous wills
8. Store it safely — Keep it in a secure location and tell your executor where it is. For detailed guidance on safe storage options, see Where Is the Safest Place to Store Your Will?

However, even following all these steps doesn’t guarantee your will is valid or won’t be challenged. For certainty and peace of mind, consider using a guided platform like Will Hero or consulting a lawyer, especially if your estate is complex or your family situation is complicated.

How Will Hero Helps South Australians Create Valid Wills

Will Hero’s guided platform helps South Australians create legally valid wills that meet all SA requirements, with state-specific signing instructions and professional review included. Here’s how Will Hero makes will creation easier and safer:

• Reduce ambiguity — Clear, lawyer-reviewed language prevents disputes
• Ensure proper execution — Step-by-step guidance ensures all South Australian legal requirements are met
• Reflect South Australian legal requirements — State-specific rules are built in automatically
• Lower the risk of disputes or court involvement — Professional formatting and review reduce challenges
• Provide professional review — Experts check for common errors before finalization
• Offer easy updates — Make changes without starting from scratch (12 months of free updates included)

This is especially important for:

• Blended families — Complex family structures need clear provisions
• Complex estates — Multiple properties, businesses, or assets require careful planning
• Guardianship situations — Nominating guardians for children needs proper legal language. Learn more about choosing the right executor for your will.
• Trusts or special provisions — Advanced estate planning requires professional guidance

Learn more about creating your online Will for South Australia or see our comprehensive guide: How to Make a Will in South Australia.

Summary: Are Handwritten Wills Legal in South Australia?

• ✔ Yes — handwritten wills can be legally valid in South Australia
• ✔ But only if they meet strict signing and witnessing requirements
• ✖ Informal or poorly executed handwritten documents are risky
• ⚠ Court discretion exists, but relying on it is uncertain and costly

If your goal is certainty and peace of mind, ensuring your will complies with South Australian law from the outset is critical.

While a handwritten will might seem simpler or more personal, the risks of improper execution, disputes, and court challenges often outweigh the benefits. For most South Australians, using a guided platform like Will Hero provides the best balance of convenience, affordability, and legal certainty. Will Hero ensures your will meets all South Australian requirements, includes professional review, and provides state-specific signing instructions — all for just $99 with 12 months of free updates included.

Related South Australia Estate-Planning Guides

• How to Make a Will in South Australia — Complete step-by-step guide to creating a valid will in SA
• Create Your Online Will for South Australia — State-compliant online will creation with Will Hero
• Is a Handwritten Will Legal in Australia? — National overview of handwritten wills across Australia
• How to Make a Legally Valid Will in Australia — Comprehensive guide to will requirements across all Australian states