Making a will in South Australia

The Succession Act 2023 (SA) came into operation on 1 January 2025, replacing the Wills Act 1936, the Administration and Probate Act 1919 and the Inheritance (Family Provision) Act 1972. Section numbers on this page are from the 2023 Act.

What makes a will valid in South Australia?

Under section 8 of the Succession Act 2023, a will is valid only if:

• it's in writing (typed or handwritten both count)
• it's signed by you, or by someone else in your presence and at your direction
• you sign, or acknowledge your signature, in front of two or more witnesses who are present at the same time
• the witnesses sign the will in your presence, though not necessarily in front of each other
• it's clear you meant your signature to give effect to the will

No special form of words is needed. An attestation clause (a line saying the will was signed in front of the witnesses) isn't legally required, but the Law Handbook says one should always be included. Without it, the court may ask a witness for a sworn statement before granting probate.

Who can witness a will in SA?

The Act sets no minimum age for witnesses, and an executor can be a witness (s 15). In practice, choose two adults who can see you sign and would be easy to find later.

South Australia is relaxed about witnesses who benefit. A gift isn't void just because the will was witnessed by the person receiving it, or by their spouse or domestic partner (s 13). That's different from NSW, Queensland, Tasmania and the NT, where a gift to a witness can be lost.

It's still worth avoiding. A beneficiary who watched you sign makes it easier for someone to claim you were pressured, and the Law Handbook says it's preferable to use people not named in the will. A neighbour, colleague or friend who isn't inheriting is ideal. Our guide on who can witness a will compares every state.

Who can make a will in South Australia?

You need to be 18 or over: a minor can't make, change or revoke a will (s 5). There are three exceptions:

• a minor who is or has been married can make, change or revoke a will as an adult can (s 5(2))
• a minor can make a will in contemplation of marriage, but it has no effect unless that marriage takes place (s 5(3))
• the Supreme Court can authorise a minor to make a will in terms it approves; one witness must be the Registrar or the Public Trustee, and the will is lodged with the Registrar (s 6)

You also need testamentary capacity. The Law Handbook describes this as understanding the nature and effect of making a will and being able to communicate your wishes. If someone has lost capacity, the Supreme Court can authorise a will for them (s 7).

Does marriage or divorce cancel a will in SA?

Marriage does. Getting married, or registering a relationship under the Relationships Register Act 2016, revokes your will (s 18). The exception is a will that's expressed to be made in contemplation of that marriage or registration. In SA the will itself has to say so.

Moving in with a partner doesn't revoke a will, so an older will may leave your partner out.

Divorce works differently. When a divorce or annulment takes effect, or a registered relationship ends, gifts to your former partner and their appointment as executor, trustee or guardian are revoked, and the will reads as if they had died on that date (s 19). It doesn't apply if your will shows you wanted the gift to stand. Separating, or the end of an unregistered domestic partnership, changes nothing, so a new will is the clean fix.

What if a will wasn't signed properly?

The Supreme Court can admit a document as a will even if it wasn't signed and witnessed correctly. It must be satisfied the document expresses the person's testamentary intentions and that they intended it to be their will (s 11(2)).

Treat this as a last resort, not a plan. Someone has to apply with evidence, which takes time and legal costs, and the outcome isn't guaranteed. Signing properly avoids the question.

What happens if you die without a will in SA?

Part 5 of the Succession Act 2023 decides who inherits. In short:

• Spouse or domestic partner, no children: your partner takes the whole estate (s 105(1)(a)).
• Partner and children: your partner takes your personal goods (including cars), the first A$120,000 and half of the rest. Your children share the other half equally (ss 105, 106, 108). If the estate is A$120,000 or less, your partner takes it all.
• Children, no partner: your children share equally, and a grandchild takes the share of a child who died before you (s 108).
• No partner or children: your parents, then brothers and sisters (a deceased sibling's children take their share), then grandparents, then aunts and uncles (cousins step in for a deceased aunt or uncle), then cousins' children (s 109).
• No relatives: the estate goes to the Crown, which can waive it in favour of dependants or others with a just or moral claim (s 110).

The A$120,000 figure (the preferential legacy) is set by s 105(2), as at October 2026. It rose from A$100,000 when the new Act began, and regulations can raise it again. If a spouse and a domestic partner both survive, they share the partner's entitlement and the court can change the split (s 106).

The Public Trustee's When there's no Will page and the Law Handbook's distribution of an intestate estate explain it in more detail. Our guide to dying without a will covers the national picture.

Where should you keep your will in SA?

Keep the signed original somewhere safe and tell your executor where it is. South Australia gives you several options:

• The Supreme Court: you can deposit your will with the Registrar (s 45) and withdraw it later by written application (s 46). The fee is A$152, as at 1 July 2026.
• The Public Trustee: stores wills free of charge for eligible customers whose wills it prepared.
• Your lawyer, if a lawyer drew up the will.
• At home, in a fireproof place, with a note telling your executor where to look.

When someone dies, the family can ask the Public Trustee whether it holds a will, and send the Law Society of South Australia a Find a Will request. The Law Society checks its Wills Register, which South Australian law firms use to record the wills they hold. Whoever holds a will must let the people listed in s 48 (including beneficiaries, a partner and children) inspect it.

How much does a will cost in South Australia?

People without a concession card can't use the Public Trustee's will service (eligibility). Its estate commission, including GST, steps down above A$200,000 and never exceeds 4.4% (fees and charges). See how much a will costs for a fuller comparison.

How does probate work in SA?

Probate is the court's confirmation that a will is valid and the executor can deal with the estate. In South Australia, applications go to the Probate Registry of the Supreme Court, and CourtSA's probate page explains the steps. As at 1 July 2026, the filing fee starts at A$1,020 for estates of A$200,000 or less and rises with the estate's value. If you're the executor, our executor guide walks through the job.

Making your will online in South Australia with Willies

Willies wills are written for South Australian law. You answer about 10 minutes of plain-English questions and pay nothing until the end: A$149 for an Essential Will, or A$399 for a Complete Will if you need testamentary trusts, a family trust or SMSF, business interests, overseas assets or blended-family provisions.

A real person checks every will within 2 business days. Yours arrives as a PDF with step-by-step signing instructions. The first year of the Willies Plan is included (storage, unlimited updates and an encrypted digital legacy plan), then it's A$49 a year if you keep it.

How to sign your will in South Australia

1. Read your will from start to finish. If anything is wrong or missing, tell us before you sign.
2. Choose two witnesses aged 18 or over who can see you sign. Don't choose anyone who receives something under your will, or the husband, wife or partner of anyone who does. In SA the gift isn't lost, but it can lead to the will being challenged.
3. With both witnesses watching at the same time, sign the signing page at the end of your will in pen, and write the date.
4. Each witness then signs while you watch, and writes their full name, address and the date. It's best if all three of you stay together until everyone has signed.
5. Sign the foot of every other page (good practice, not a legal requirement). Once it's signed, don't unstaple, write on or change the will: ask us for an updated one instead.
6. Keep the signed original somewhere safe, tell your executor where it is, and upload a photo or scan of every page to your vault.

Your witnesses need to be with you in person. The Succession Act 2023 has no procedure for witnessing a will over a video call.