Making a Will in South Australia
Everything you need to know about creating a legally valid Will in SA under the Succession Act 2023 (SA) (from 1 Jan 2025).
Quick Facts — SA
Legislation
Succession Act 2023 (SA) (from 1 Jan 2025)
Witnesses Required
2 independent adults
Marriage Revokes Will?
Yes
Solicitor Cost
$400–$1,000
Will Requirements in SA
Under the Succession Act 2023 (SA) (from 1 Jan 2025), a Will is legally valid in South Australia when the following requirements are met:
Witnessing Rules in SA
Two independent adult witnesses must be present together when the testator signs. Both witnesses must sign in the presence of the testator. Witnesses should not be beneficiaries.
Marriage & Divorce Effects on Your Will
Effect of Marriage
Marriage automatically revokes an existing Will in South Australia unless the Will was made in contemplation of that marriage. Under the Succession Act 2023 (SA) (in force from 1 January 2025), entering a registered relationship also revokes a Will. SA was historically the exception, but the old Wills Act 1936 rule is now gone — always make a new Will after marriage.
Effect of Divorce
Divorce revokes provisions for the former spouse. Gifts and executor appointments to the former spouse are treated as if they had predeceased.
Informal Wills in SA
The Succession Act 2023 (SA) allows the court to admit a document that does not meet the formal requirements if satisfied it expresses the deceased's testamentary intentions, though South Australia is generally stricter about informal Wills than other states.
While informal Wills may be recognised in certain circumstances, relying on one is risky. A properly executed Will avoids uncertainty and potential legal costs for your loved ones.
Family Provision Claims in SA
Family provision is governed by the Succession Act 2023 (SA), which replaced the Inheritance (Family Provision) Act 1972 from 1 January 2025. Spouses, domestic partners and children of the deceased can apply, but the Act narrowed eligibility for others: step-children, former spouses or partners, grandchildren, parents and siblings can claim only where they show genuine need — such as having depended on, or cared for, the deceased. The Court asks whether the Will makes adequate provision for the applicant's proper maintenance, education or advancement.
Unique Considerations for SA
- Since the Succession Act 2023 (from 1 January 2025), marriage now revokes a Will in SA — the old exception is gone
- Entering a registered relationship also revokes a Will, unless made in contemplation of it
- Generally stricter approach to informal Wills than other jurisdictions
- Family provision is now under the Succession Act 2023 (SA), which narrowed eligibility — step-children, grandchildren, parents and siblings must show genuine need
- Domestic partners are recognised alongside married spouses for claims
Cost of Making a Will in SA
Traditional Solicitor
$400–$1,000
One-off, per revision
ezyWill
$99/year
Unlimited updates included
How to Create Your Will in SA
Sign Up
Create your ezyWill account to start building your Will.
Answer Guided Questions
Our guided questionnaire covers everything needed for a valid Will under Succession Act 2023 (SA) (from 1 Jan 2025).
Download Your Will
Review your professionally formatted Will and download the PDF.
Sign with Witnesses
Sign your Will in the presence of two independent adult witnesses in SA. Both witnesses must also sign.
Frequently Asked Questions — SA
Is an online Will legally valid in South Australia?
Yes. Under the Wills Act 1936, a Will is valid in SA when it is in writing, signed by the testator, and witnessed by two independent adults. Whether the Will was created online or by hand does not affect its legal validity, provided it is properly executed.
Does marriage cancel my Will in South Australia?
Yes. Under the Succession Act 2023 (SA), in force from 1 January 2025, marriage automatically revokes your existing Will unless it was made in contemplation of that marriage. Entering a registered relationship has the same effect. South Australia was historically the exception under the old Wills Act 1936, but that is no longer the case — you should make a new Will after marriage.
What happens if I die without a Will in SA?
If you die intestate in South Australia, the Administration and Probate Act 1919 governs distribution. Your spouse typically receives the personal effects, a prescribed sum, and a share of the residue. Distribution depends on whether you have surviving children.
Is SA stricter about informal Wills?
Yes. While the Succession Act 2023 (SA) does allow the court to consider informal documents, South Australia is generally regarded as having a stricter approach to admitting informal Wills compared to states like Queensland or NSW.
Who can contest a Will in South Australia?
Under the Succession Act 2023 (SA) (which replaced the Inheritance (Family Provision) Act 1972 from 1 January 2025), eligible claimants include spouses, domestic partners and children; step-children, former partners, grandchildren, parents and siblings can claim only where they show genuine need. Claims must be made within 6 months from the grant of probate.
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