When you make a Will in SA, you have several methods to consider:

• Use an Online Platform: For straightforward estates, an online service (such as Will Hero) provides an easy, cost-effective way to draft a valid Will online in South Australia. Step-by-step guidance ensures you include key details.

• Hire a Lawyer: Ideal for larger or more complex estates, or if you need professional advice on trusts, tax planning, or other specialised issues.

• Handwrite Your Will: As long as you follow SA’s witnessing rules (see FAQ #3), a handwritten Will can still be legally valid in South Australia.

No. You don’t have to hire a lawyer to create a valid Will in South Australia. If your estate is fairly simple and your wishes are straightforward, you can draft a Will online or even create a handwritten one. However, if your estate includes complex assets—like trusts, multiple properties, or tax-related concerns—seeking legal advice offers added reassurance and can help you avoid costly mistakes later on.

Yes. Under the Wills Act 1936 (SA), handwritten Wills are legally acceptable if they meet the standard witnessing requirements:

• The testator signs in front of two witnesses who watch at the same time.

• Each witness must also sign, confirming they were present and you had the capacity to make a Will.

If these conditions aren’t met, the Supreme Court of South Australia could use its “dispensing power” to validate the Will, but that process can be unpredictable and expensive. To avoid complications, always ensure two independent witnesses are present from the outset—regardless of whether your Will is typed or handwritten.

Australia (including South Australia) does not levy an inheritance or estate tax—sometimes called “death duties.” However, you could face capital gains tax (CGT) if you later sell inherited property, shares, or other investments at a profit.

While inheriting assets in itself isn’t a taxable event, having complex assets (like multiple properties or sizable investments) may still involve tax considerations. It’s wise to consult a tax professional when you make a Will in SA, so you fully understand any potential CGT or other obligations.

No. Under South Australian law, a Will is valid as long as it meets witnessing requirements—two witnesses present at the time of signing—without the need for a notary. As long as you follow the rules outlined in the Wills Act 1936 (SA), your Will should be legally recognised.

Yes. If you have testamentary capacity (sound mind), you can modify your Will at any point. Common ways to do this include:

• Add a Codicil: A codicil acts as a legal amendment to your existing will. Sign and witness it just like the original.
• Create a New Will: Draft a new will that replaces your old one, and clearly state that it revokes all prior wills and codicils. After signing, destroy every copy of the old will to avoid confusion or disputes.

If you die intestate (without a Will), South Australian intestacy laws dictate how your estate is divided. Usually, this means your closest relatives inherit according to a legal formula. If you have no immediate family, the state may claim your property.

Additionally, a court may have to appoint a guardian for any minor children, which could conflict with your personal preferences. By taking the time to make a Will in SA, you ensure that you—not the courts—decide who manages your estate and cares for your loved ones.

Probate is the legal procedure that confirms a Will’s validity and oversees the distribution of the deceased’s assets. In South Australia, the Supreme Court (via its Probate Office) grants what’s known as a Grant of Probate. If there is no valid Will, the court follows SA’s intestacy laws, determining how assets are allocated.

When you make a Will in SA, you typically appoint an executor who applies for probate and carries out each of the following steps:

1. Filing the Will The executor submits the original Will and a petition to the Supreme Court of South Australia. If no Will exists, they file for intestate succession.

2. Appointing an Executor If a valid Will names an executor, that person manages the estate. Otherwise, the court appoints an administrator to fulfill the same responsibilities.

3. Inventory of Assets The executor identifies and values the deceased’s property, such as bank accounts, investments, personal belongings, and debts.

4. Paying Debts and Taxes Before distributing the estate, the executor settles all debts, taxes, and expenses (like mortgages or medical bills).

5. Distributing the Estate Once debts are cleared, the executor allocates the remaining assets according to the Will. If there is no Will, assets pass to heirs under South Australia’s intestacy rules.

6. Closing the Estate After meeting all obligations, the executor files a final petition to close probate.

Understanding probate in South Australia helps ensure you draft a Will that can be smoothly executed. By choosing a reliable executor and following local requirements, you make the process as straightforward as possible for your loved ones.

In South Australia, probate can range from a few months to over a year. Estate complexity, beneficiary disputes, or a contested Will may extend the process. On average, the entire procedure wraps up in about 9 to 18 months.

While you can’t always eliminate probate, there are ways to minimise it by structuring assets so they don’t fall into your estate at death. Popular strategies include:

• Joint Tenancy/Ownership (Right of Survivorship): Property held in joint tenancy automatically passes to the surviving owner.

• Beneficiary Designations: Superannuation (retirement) and life insurance policies often bypass the estate if you name beneficiaries.

• Family Trusts: A family trust lets you transfer asset ownership into the trust while you're alive. The trust holds these assets during your lifetime, then transfers them to your chosen beneficiaries after death. Because the trust, not you, owns the assets, they don't require probate. Make sure you move items (real estate, bank accounts, investments) into the trust correctly to benefit from this arrangement.

If you aim to reduce probate when you make a Will in SA, consult a legal or financial professional early on. Proper planning can save your beneficiaries time, money, and potential legal hurdles.