Making a Will in South Australia
Everything you need to know about creating a legally valid Will in SA under the Wills Act 1936 (SA) & Inheritance (Family Provision) Act 1972 (SA).
Quick Facts — SA
Legislation
Wills Act 1936 (SA) & Inheritance (Family Provision) Act 1972 (SA)
Witnesses Required
2 independent adults
Marriage Revokes Will?
No
Solicitor Cost
$400–$1,000
Will Requirements in SA
Under the Wills Act 1936 (SA) & Inheritance (Family Provision) Act 1972 (SA), 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 does NOT automatically revoke a Will in South Australia. This is a significant difference from most other states. However, you should still update your Will after marriage to ensure your spouse is provided for.
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
Section 12(2) of the Wills Act 1936 allows the court to admit informal documents, but 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
Eligible claimants under the Inheritance (Family Provision) Act 1972 include spouses, domestic partners, children, and in some cases grandchildren and parents.
Unique Considerations for SA
- Marriage does NOT automatically revoke your Will — unique among most Australian states
- Generally stricter approach to informal Wills than other jurisdictions
- Separate Inheritance (Family Provision) Act for estate claims
- 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 Free
Create your free ezyWill account. No credit card required.
Answer Guided Questions
Our guided questionnaire covers everything needed for a valid Will under Wills Act 1936 (SA) & Inheritance (Family Provision) Act 1972 (SA).
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?
No. South Australia is one of only two jurisdictions in Australia (along with the ACT) where marriage does NOT automatically revoke your Will. However, it is strongly recommended that you update your Will after marriage to ensure your spouse is adequately provided for.
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 Section 12(2) of the Wills Act 1936 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 Inheritance (Family Provision) Act 1972, eligible claimants include spouses, domestic partners, children, and in some cases grandchildren and parents. Claims must be made within 6 months from the grant of probate.
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