Succession Act - SA

The Succession Act 2023 (SA) extensively reframes South Australian succession law. The Act commences on 1 January 2025. It consolidates and amends existing laws relating to:

• wills;
• probate and administration;
• administration of deceased estates;
• intestacy; and
• family provision claims.

The Succession Act contains all legislative provisions, including new provisions, relating to those areas. The new Act repeals three existing Acts:

• Administration and Probate Act 1919 (SA);
• Inheritance (Family Provision) Act 1972 (SA);
• Wills Act 1936 (SA).

Revised court rules and practice directions for probate, administration, contested wills, and family provision matters will follow the commencement of the new Act. Key provisions of the new legislation include:

• the right of certain classes of person to inspect a will of a deceased person;
• the power of the Supreme Court to pass over applicants for a grant of probate or administration and appoint another person it considers appropriate;
• the removal of the need for a grant to administer smaller estates;
• additional court powers to hold executors and administrators to account;
• codification of the application of assets to payment of debts and liabilities in solvent estates;
• the increase to the preferential legacy for a surviving spouse of an intestate;
• the addition of the children of first cousins of an intestate to the distribution on intestacy;
• no entitlement of a spouse or domestic partner of an intestate to any part of an intestate’s estate if they are a party to:
  • a binding financial agreement; or
  • orders for distribution of property under the Family Law Act 1975 (Cth);
• primary consideration of the deceased’s wishes by the court when determining whether to make a family provision order;
• narrowing eligibility for family provision claims to:
  • exclude former partners and spouses when financial matters have already been settled;
  • require adult stepchildren to demonstrate they:
    • are disabled and vulnerable;
    • were genuinely dependent on the deceased;
    • cared for or maintained the deceased; or
    • contributed to the estate, or their parent substantially contributed to the estate;
  • require grandchildren to satisfy the court that:
    • their parents died before the deceased; or
    • they were wholly or partly maintained by the deceased.

The By Lawyers Wills (SA), Probate (SA), Letters of Administration (SA), and Family Provision Claims (SA) publications have been updated accordingly. Further updates will follow when the new court rules are available.