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Need an estate planning or probate lawyer in South Australia? LawyerLink connects you with a verified SA partner firm. Our AI intake handles urgent matters 24/7. Coverage includes wills, testamentary trusts, enduring powers of attorney and advance care directives under the Advance Care Directives Act 2013 (SA), probate, and Inheritance (Family Provision) Act 1972 (SA) claims.
Estate Planning in South Australia
Estate planning in SA operates under the Wills Act 1936 (SA) for wills, the Administration and Probate Act 1919 (SA) for intestacy and probate, the Powers of Attorney and Agency Act 1984 (SA) for enduring powers of attorney, and the Advance Care Directives Act 2013 (SA) for healthcare directives. Family-provision claims proceed under the Inheritance (Family Provision) Act 1972 (SA).
A valid SA will requires the testator to be over 18, of sound mind, and to sign in the presence of two witnesses who also sign. DIY will kits are technically valid if executed correctly, but the rate of partial invalidity is materially higher. A simple SA will is typically $400-$900; a will with testamentary trust provisions $1,500-$4,000.
Testamentary trusts — discretionary trusts created by a will and operating after death — are widely used in SA estate planning for asset protection, tax flexibility, and provision for vulnerable beneficiaries.
Enduring powers of attorney under the Powers of Attorney and Agency Act 1984 (SA) authorise an attorney to make financial decisions on the principal's behalf, including after the principal loses capacity. Advance care directives under the Advance Care Directives Act 2013 (SA) cover health and lifestyle decisions. Both should be in place before any deterioration in capacity. Once capacity is lost, an application to the South Australian Civil and Administrative Tribunal (SACAT) for administration and/or guardianship is the only remaining pathway.
Probate in SA is granted by the Supreme Court of SA Probate Registry. For estates with a clear will, probate is obtained in 6-12 weeks. Letters of administration apply where there is no will or the named executor cannot act. Inheritance (Family Provision) Act 1972 claims must be filed within 6 months of probate (with limited extensions) and allow eligible persons to seek a greater share than the will provided.
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Estate Planning in South Australia — FAQs
- How much does a will cost in SA?
- These are general ranges. Your actual fee depends on the firm and your specific matter. A simple SA will typically costs $400-$900. A will with testamentary trust provisions ranges from $1,500-$4,000. More complex estate planning can be higher.
- What happens if I die without a will in SA?
- Your estate is distributed under the intestacy rules in the Administration and Probate Act 1919 (SA). The order of entitlement runs spouse first, then children, parents, siblings, and more remote relatives. Intestacy is more expensive to administer and often distributes contrary to the deceased's wishes.
- Why do I need an enduring power of attorney in SA?
- Without one, if you lose capacity, no one can manage your financial affairs unless a SACAT administration order is made — a slower, more expensive, more intrusive process. An enduring power of attorney executed under the Powers of Attorney and Agency Act 1984 (SA) gives someone you trust the authority in advance.
- How long do I have to challenge an SA will?
- Inheritance (Family Provision) Act 1972 (SA) claims must be filed within 6 months of probate (with limited extensions). Other will challenges (validity grounds — lack of capacity, undue influence, fraud) generally proceed in the Probate jurisdiction.
- Who can make a family-provision claim in SA?
- Section 6 of the Inheritance (Family Provision) Act 1972 (SA) lists eligible applicants: spouses, de facto partners, children, grandchildren in some circumstances, parents, brothers, sisters, and certain other dependants. The question is whether adequate provision was made for the proper maintenance, education, and advancement in life of the applicant.