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A Step by Step Guide for creating a legally valid Will in South Australia (including online wills).
Quick Overview
To make a Will in South Australia, you must be over 18, of sound mind, and sign a written document before two witnesses. The Will must meet the Wills Act 1936 (SA) requirements to be legally valid.
Create a legal Will in South Australia to protect your assets and loved ones. Under the Wills Act 1936 (SA), anyone over 18 with testamentary capacity can write a Will. This guide explains each step—from drafting your document to signing it with valid witnesses—so you can feel secure about your final wishes.
Why you need a Will in South Australia?
A Will is a crucial legal document that sets out how you want your assets—such as property, finances, and personal belongings—to be managed and distributed when you pass away. It also allows you to make important decisions about your family’s future, including naming guardians for minor children. By creating a Will in SA, you help ensure that your loved ones are cared for according to your wishes rather than the strict intestacy rules set by the state.
If you don’t have a Will, South Australian law decides how your estate will be divided, which may not match the arrangements you would have chosen.
Legal Requirements to make a Valid Will in South Australia
If you plan to make a Will in SA, you must follow the guidelines set out in the Wills Act 1936 (SA). Failing to do so could result in your Will being considered invalid, which may complicate probate. Below are the key requirements:
SA Will Requirements
18+ years old (exceptions apply if married or court-granted permission)
Testamentary capacity (sound mind)
In writing (typed or handwritten)
Signed by the testator in front of two witnesses
You must be at least 18 years old
Exceptions apply if you’re married or obtain permission from the court.
Have testamentary capacity
You must understand what a Will is, know your assets, and recognise who might have a claim on your estate.
Put it in writing
In South Australia, oral Wills are not legally recognised. Your Will must be a physical document—either typed or handwritten—and signed according to the rules below.
Sign with Two Witnesses
The person making the Will (the testator) must sign, while two competent witnesses watch in real time. Although it’s permitted for a beneficiary to serve as a witness, doing so can lead to additional legal hurdles.
By meeting these basic legal requirements for Wills in South Australia, you help safeguard your estate plan. Otherwise, your Will could be contested or invalidated, and a court may end up deciding how your assets are distributed.
Step-by-Step: How to Make a Will in South Australia
1. Choose an Executor
An executor is the person who carries out the instructions in your Will, ensuring your assets are distributed according to your wishes and any outstanding debts are paid. They also handle legal processes—such as applying for a Grant of Probate through the Supreme Court of South Australia.When you make a Will in SA, select an adult who is organized, reliable, and comfortable managing financial and legal tasks. Common choices include trusted family members, close friends, or a professional advisor.
To avoid complications, it’s wise to name a backup executor who can step in if your primary choice becomes unavailable or unwilling to serve.
2. Name a Guardian for Minor Children
A crucial part of making a Will in SA is deciding who will care for your children under 18. By naming a guardian, you ensure that someone you trust makes day-to-day decisions about their education, healthcare, and general well-being if you are no longer around.Although it’s not strictly required by law, most parents consider it essential. If you fail to appoint a guardian, the Supreme Court of South Australia could step in and assign someone, which may not align with your personal preferences. It’s also a good idea to name a backup guardian in case your primary choice is unable or unwilling to serve.
3. Name a Pet Carer
If you want to make a Will in SA that covers every aspect of your estate, don’t overlook your pets. By naming a dedicated pet carer in your Will, you can specify who will look after them and even set aside funds for food, vet bills, and other essentials. This way, your furry companions stay safe and well-cared-for according to your wishes. For more guidance on choosing the right pet carer, see our 5 Things to Consider when choosing a pet guardian.While not legally mandatory, choosing a pet carer is an important step if you want more control over your pet’s future. If you don’t designate one, your executor or the courts might step in to decide who assumes responsibility—which may not align with what you had in mind. For extra peace of mind, consider naming a backup carer in case your first choice is unable or unwilling to serve.
4. Decide who inherits your Residual Estate
When you make a Will in SA, your residual estate is what remains after you’ve settled any debts, taxes, and specific gifts. This could include real estate, bank accounts, or personal valuables. You’ll need to choose one or more beneficiaries—family, friends, or charities—and specify exactly what share or percentage each should receive.Listing beneficiaries by their full names helps avoid any confusion down the line. It’s also smart to name alternative (backup) beneficiaries if your first choices are unable or unwilling to inherit. Learn more about why backup beneficiaries are essential in your Will. By clarifying these details now, you reduce future disputes and ensure your final wishes are carried out in line with South Australian law.
5. Gifting Specific Items
When you make a Will in SA, consider which special belongings—such as family heirlooms, jewelry, or real estate—you’d like to leave to specific people. Clearly describe each item, and include details like serial numbers or photos to avoid future disputes.It’s best practice to prepare an inventory of all your assets before finalizing your Will. That way, you’ll know exactly what you’re gifting and ensure none of your treasured possessions are overlooked.
6. Any Additional Instructions or Provisions?
You can add optional clauses, like funeral preferences or instructions to sell certain assets. You might make a gift conditional or set up a trust until beneficiaries reach a specific age (e.g. 25 years old). Including these details helps ensure your wishes are followed without ambiguity.
Review Your Will
Confirming Roles in Your Will
Before you officially make a Will in SA, confirm that your selected Executors, Guardians, and Pet Carers understand and accept their responsibilities. This step can help prevent future disputes and ensure each individual is prepared for their role.It’s good practice to discuss these duties with everyone you nominate (and their backups) to ensure they’re comfortable fulfilling them. By clarifying roles when you make a Will in South Australia, you minimise surprises later on.
Executors
Manage your estate and distribute assets according to your wishes after you pass away.
Guardians
Care for your minor children and make decisions about their upbringing and well-being.
Pet Carers
Look after your pets and ensure they receive proper care and attention.
Test Your Will
Before you finalise your Will, consider potential scenarios—like a beneficiary passing away first or certain conditions going unmet. Visualise how your wishes might unfold under various circumstances, and adjust your Will if necessary. This extra step ensures your plan accounts for every possibility. Learn more about scenario testing to explore these possibilities. Learn more about how our review process works to ensure your will is complete and accurate.Signing Your Will
Signing Your Will In Front of Witnesses
Once you’ve drafted your Will, the next essential step is signing it correctly so it meets all legal requirements under the Wills Act 1936 (SA). Here’s what you need to know when you make a Will in SA:Witness Requirements
- Have at least two witnesses watch you sign the Will simultaneously.
- They must be 18 or older and understand they’re witnessing your signature.
- While a beneficiary can serve as a witness under South Australian law, doing so could lead to additional legal scrutiny. Whenever possible, choose disinterested parties to avoid potential challenges.
After you sign, both witnesses must also sign the document, confirming that they watched you sign and that you appeared to have testamentary capacity (sound mind) at the time.
Is Notarisation Required?
You don’t need a notary for Wills in Australia (including South Australia). If your Will meets the witness requirements, the Court generally accepts it as valid without a notarial seal or stamp.
What about Online Wills in SA?
If you use any Online Will platform in South Australia to make your Will, it is essential that your Will is printed and signed according to these instructions. Having a Will online in South Australia that has NOT been printed and signed will not be considered valid.
Action: Print your Will and sign it with two witnesses present at the same time. Both witnesses must watch you sign and then sign in your presence.
Storing Your Will
Keep Your Will Safe
After you’ve completed and signed your Will, the final step is to keep the original document safe and accessible. In South Australia, only the physically signed copy holds legal weight—digital or scanned versions do not. Losing or damaging this crucial document could create extra challenges for your Executor and beneficiaries later on. For more detailed information about will storage, read our guide on Where is the Safest Place to Store Your Will.No Official Will Registry for Living People: South Australia does not provide a government-run registry for Wills made by living people. That means you need to choose a secure storage option so your Will can be easily located when it’s needed. Here are three common choices:
Store at Home
Keep your Will at home, ideally in a safe or a locked filing cabinet. Ensure your Executor knows where to find your Will.
With an Attorney
If you used a lawyer’s services to make a Will in SA, they might offer to store the original document for you in a secure facility. This option can add peace of mind, knowing your Will is protected by professionals who understand local legal requirements.
Trusted Person
If you have a close friend or family member outside your household, you can leave the Will with them. Ensure they know how critical it is to keep the document safe from loss or damage and can produce it when needed.
Let your chosen Executor (and any backups) know the exact location of your Will. That way, they can access it quickly and avoid unnecessary legal complications should something happen to you.
FAQs: Making A Will In South Australia
Ready to Create Online Wills in South Australia?
For many, taking the first step is the hardest part. Whether you make a will using a lawyer, or make a will online, the process of making that Will legally valid is the same. Wills created in Australia must meet the formal requirements set out in their respective state or territory (including SA). Most notably, all documents must be in writing, signed, and witnessed by two independent witnesses.
If you need help, why not try Will Hero? You can sign up for free and draft a Will visually. Clarify your wishes as you learn about Wills and estate planning with our guides and AI Assistant. See how our step-by-step process works to understand what’s involved.
We’re making it easier than ever to create your very own online wills in South Australia. You can also test your Will under different scenarios using a free Scenario Testing account. Upgrade only if you want to review the written document. Will Hero aims to make Will creation more visual, interactive, and even fun—instead of difficult or daunting.
Will Hero helps you prepare a legal will online that is easy to print and complete according to Australian requirements. Our digital will service prepares your Will for delivery or download.
Will Hero helps you make Online Wills in SA
Don’t put off creating your Will any longer. With Will Hero, making an online will in South Australia is simple, affordable and stress-free. Sign up for your free account and pay when you are happy you have created the Will you want. Start protecting your loved ones and assets with a legally valid digital Will tailored to your needs.
Visual Approach
Make online wills for SA using visualisations to help you see and understand how your Will works.Learn how it works.
AI Assistance
24/7 help to guide you and answer any questions about Wills, estate planning and SA local laws.View our FAQ.
Scenario Testing
See how different circumstances such as people passing away before you impact your estate.
Legally Valid in SA
Designed for South Australian State-specific laws with instructions to make your Will legally valid in SA.
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Please note: Wills created in Australia must meet the formal requirements set out in their respective state or territory (including South Australia). Most notably, all documents must be in writing, signed, and witnessed by two independent witnesses.
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Ready to secure your legacy and protect your loved ones? Start creating your online wills in SA today. Our free trial allows you to experience the process firsthand before committing!
Follow the links and start creating a will in a matter of minutes, or call us on 1800 136 069 if you have any questions. We’ll be more than happy to help!
Disclaimer: This blog provides general information only and does not constitute personalised legal advice.
