Major Overhaul to South Australia’s Succession Laws (Wills & Estates): What You Need to Know

[Date: 30 December 2024]

South Australia’s succession laws are set to undergo a monumental transformation with the introduction of the Succession Act 2023. Coming into effect on 1 January 2025, this reform repeals three key Acts—the Administration and Probate Act 1919, the Inheritance (Family Provision) Act 1972, and the Wills Act 1936—and introduces significant amendments to other intersecting legislation. These changes will have widespread implications for will preparation, estate claims, and administration processes. Let’s dive into what this means for you.

Key Changes You Need to Know

The Succession Act 2023 aligns South Australian succession laws with other Australian states like New South Wales, Victoria, and Queensland. Here are some of the most noteworthy updates:

Revised Rules on Access to Wills

Previously, gaining access to a deceased person’s will was often unclear and inconsistent. The new Act grants specific groups the right to inspect a will, including:

• Individuals named in the will (beneficiaries or not);
• Beneficiaries from earlier wills;
• Immediate family members such as surviving spouses, domestic partners, children, and step-children;
• Parents or guardians of the deceased;
• Persons entitled under intestacy laws;
• Guardians of minors referred to in the will;
• Individuals managing the deceased’s estate prior to their death;
• Those with a valid claim against the estate.

This change simplifies the process of will access, ensuring transparency for those with legitimate interests.

Estate Administration: A Clearer Path Forward

The Act introduces several updates to streamline estate administration:

• Small Estates: Executors can transfer property valued up to $15,000 directly to a surviving spouse, partner, or child without needing a Grant of Probate or Letters of Administration.
• Uncertain Order of Death: When jointly-owned property’s owners die simultaneously or in an unclear sequence, the property will be treated as if owned equally as tenants in common.
• Debt Payment Rules: The Act codifies how a deceased’s debts are paid, replacing complex common-law rules with a straightforward statutory framework.
• Preferential Legacy Increase: On intestacy, the entitlement for a spouse or domestic partner increases from $100,000 to $120,000.
• Codified Executor Duties: Executors’ roles and responsibilities are now clearly defined, giving beneficiaries a clear recourse if they believe duties are breached.

Inheritance Claims: Emphasis on Deceased’s Wishes

The Act’s approach to inheritance claims represents a paradigm shift:

• Deceased’s Wishes Take Priority: Courts must consider the deceased’s intentions as the primary factor when determining family provision orders.
• Eligibility Criteria Updates:
  • Former spouses or partners can only claim if no financial agreement or property order was in place before the deceased’s death.
  • Step-children and grandchildren face revised criteria, making claims dependent on financial dependency or maintenance by the deceased.
  • Parents and siblings must demonstrate ongoing support to the deceased at the time of death to qualify.

What This Means for You

These reforms aim to simplify succession processes, provide clarity, and reduce administration costs. However, the practical implications of many changes will only emerge through court decisions over time. What is certain is that the Act will influence every South Australian in some way.

To ensure your estate plans align with these new laws and to safeguard your loved ones, contact our team today for tailored advice. Let us help you navigate these significant changes with confidence.

Contact us by emailing our team at – [email protected]. Alternatively, you can book an appointment with us at www.zed.legal/booking/