New reforms modernise and simplify succession planning

The New Year will ring in major reforms aimed at making South Australia’s succession laws simpler and more modern.

The commencement of the Succession Act on 1 January 2025 marks the final stage of the reforms, which have been developed through years of extensive analysis and consultation with the legal profession and other key stakeholders.

The new laws will govern every main aspect of succession law – including making a will, laws around probate and administration, intestacy, the administration of deceased estates and claims for family provision.

Changes to the laws include:

• Ensuring the wishes of a testator are the primary consideration of the Court when deciding claims for family provision, as well as tightening the rules around who is automatically entitled to make a claim against an estate.
• Greater powers to the Court in probate and administration – to allow the Court to replace an executor or administrator who is not fulfilling their duties, and to order an executor or administrator to compensate an estate that has suffered loss due to a failure of the executor or administrator in their duties;
• Allowing the Court to require a legally binding undertaking from an executor or administrator as to how the estate will be administered; and
• Simpler, modern language around the laws governing will making that enshrine the rights of certain people to inspect the will.

Quotes

Attributable to Kyam Maher

Preparing a will or administering a deceased estate can be an overwhelming experience at the best of times - it’s both confronting and challenging.

I don’t think anyone would disagree that the testator’s wishes should be the main consideration of the Court when they are determining how to distribute that person’s estate, and so these changes will ensure that our laws meet community expectation in this highly emotional and often contentious space.

Attributable to Legal Services Commission CEO Annmarie Lumsden

The modernisation of succession law in South Australia is a welcome move, and we’re pleased to see improvements in the family provision claim process, and the streamlining of probate matters.

With the commencement of the Succession Act, now is an opportune time for South Australians to plan ahead and ensure you have a will in place, along with a power of attorney, advance care directive, and making your wishes known to your loved ones.

While Legal Services recommends seeing a private lawyer to make a will, we are able to provide free legal education, information and general advice about wills and estates.

Our End of Life Planning Checklist is a useful tool to record important details and to ensure your wishes and choices can be known and respected by your family.

We’re encouraging South Australians to give our free Legal Helpline a call on 1300 366 424 – or jump on our website at lsc.sa.gov.au to access a wealth of resources on planning ahead.