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SA

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:

Testator is aged 18 or older (or married)
Testator has testamentary capacity (sound mind)
Will is in writing (typed or handwritten)
Signed by the testator at the end of the document
Witnessed by two independent adult witnesses
Witnesses sign in the presence of the testator

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.

Claim deadline: 6 months from grant of probate

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

1

Sign Up Free

Create your free ezyWill account. No credit card required.

2

Answer Guided Questions

Our guided questionnaire covers everything needed for a valid Will under Wills Act 1936 (SA) & Inheritance (Family Provision) Act 1972 (SA).

3

Download Your Will

Review your professionally formatted Will and download the PDF.

4

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.

Create Your SA Will Today

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Wills in Other States & Territories