Blog Post
What Happens If You Die Without a Will in South Australia?
JH Lawyers • January 13, 2025
When someone passes away without a valid Will, they are said to have died “intestate.”
In South Australia, the distribution of their estate is governed by the Administration and Probate Act 1919 (SA) or the Succession Act 2023 (SA) depending upon the date of death.
This law dictates who will inherit the deceased’s assets, regardless of their personal wishes.
The rules follow a strict hierarchy:
• If the deceased has a spouse (or domestic partner) and children, the estate is divided between them. The spouse receives the personal items, the first $100,000 or $120,000 (depending upon date of death), and half of the remainder, with the rest going to the children.
• If there are no children, the spouse generally inherits the entire estate.
• If there is no spouse, the estate passes to the children equally.
• If there are no immediate family members, the estate may eventually pass to more distant relatives or, in rare cases, the state government.
This can lead to unintended outcomes, such as estranged family members inheriting or disputes over the distribution.
Why Engage a Wills and Estate Lawyer?
Creating a Will is more than just writing down your wishes, it’s a legal document that must comply with specific requirements to be valid.
A Wills and Estate lawyer ensures your Will reflects your intentions clearly, is legally sound, and minimises the risk of disputes.
An estate lawyer will also help with:
• Tailoring your estate plan to address complex situations (e.g., blended families).
• Reducing tax implications for your beneficiaries.
• Appointing guardians for minor children.
By engaging a professional, you gain peace of mind knowing your loved ones will be cared for according to your wishes. Don’t leave your legacy to chance—consult a Wills and Estate lawyer today.
Probate, in simple terms, is the formal approval from the Supreme Court of South Australia, authorising the Executor named in the Will to do the job tasked of them in the Will. If the deceased left a valid Will, a Grant of Probate may be required before the executor named in the Will can distribute the estate in accordance with the terms of the Will. The process involves the executor verifying their identity and giving an undertaking to the Court that they will distribute the estate in accordance with the Will (subject to any claims). Think of it as a “checking station”. Imagine this scenario: You are appointed executor of your late mother’s Will. Your mother has a term deposit with her local bank with $300,000 invested. You attend the bank branch and hand over the Will and tell the bank teller that you are the executor named in the Will and request the money standing to the account be handed over to you. The bank teller is going to want to make sure that you are indeed the person you say you are; that the Will is your mother’s intended last Will and Testament; and that you understand your obligations as an executor. This is where the Grant of Probate comes in. You, as the executor, formally verify your identity to the Court, disclose all of the assets and liabilities that your late mother died possessed of, produce the original Will to the Court, and promise the Court that you will do what is required of you. Once satisfied of these matters, the Court will provide a Grant of Probate which, in turn, you can take back to the bank who will then give you your mother’s investment. Our Probate rules are very particular and the process can be difficult if you attempt to go it alone. It is important to seek the advice and assistance of a lawyer that specialises in Probate law. Probate will not always be required but if the deceased owned significant assets in their sole name at the time of death, Probate will likely be required. Contact JH Lawyers on 08 8440 2488 to chat to a Probate lawyer today. FIRST FREE INTERVIEW
The introduction of the Succession Act 2023 in South Australia on 1 January 2025 has brought significant changes to estate planning, Will preparation, and the administration of deceased estates. The Act consolidates and modernises succession law in South Australia, replacing parts of the Administration and Probate Act 1919, the Wills Act 1936, and the Inheritance (Family Provision) Act 1972. At JH Lawyers, we pride ourselves on staying ahead of legal changes and ensuring our clients understand how these updates impact them. Here’s a breakdown of the key reforms and how we can help you navigate them. Key Changes Under the Succession Act 2023 Simplified and Consolidated Laws - The Succession Act 2023 streamlines several previously separate pieces of legislation into one cohesive framework. This change aims to make succession law easier to understand and apply for both legal professionals and the public. Modernised Will-Making Requirements - The Act introduces changes to how Wills can be created, amended, or revoked. It includes provisions for electronic Wills and modern interpretations of testamentary intentions, reflecting the way society has evolved with digital technology. Family Provision Applications - The eligibility criteria for making a claim under the family provision rules have been clarified and, in some cases, expanded. This ensures that dependents or those with a legitimate claim are given greater consideration, particularly when considering step-children and blended families. Executors’ and Administrators’ Duties - The Act provides clearer guidance on the duties and responsibilities of executors and administrators, ensuring estates are handled efficiently and ethically. Intestacy Rules - Updates to intestacy laws reflect more equitable distribution rules for estates where the deceased did not leave a valid Will. Why This Matters for You? The changes introduced by the Succession Act 2023 are designed to create a fairer, more accessible legal system for all South Australians. However, the intricacies of the Act may create challenges for individuals who are unfamiliar with the nuances of estate law. Without proper legal guidance, there is a greater risk of disputes, invalid Wills, or unintended outcomes for your loved ones. Why Choose JH Lawyers? At JH Lawyers, we are well-versed in the changes brought about by the Succession Act 2023 and are committed to ensuring your estate planning is up to date. Here’s why we’re the right choice: • Expertise in the New Legislation: Our team has undergone extensive training on the new Act to provide you with accurate and practical advice. • Tailored Estate Planning: We understand that no two estates are alike. Whether you have a complex family dynamic or significant assets, we can craft a Will and estate plan that meets your unique needs. • Proactive Solutions: We help you avoid potential disputes by ensuring your intentions are clearly documented and legally enforceable. • Comprehensive Services: From Will preparation and estate planning to probate and estate administration, we offer end-to-end support. Take Action Today The Succession Act 2023 is a reminder of the importance of keeping your estate planning up to date. Don’t let outdated documents or a lack of preparation put your legacy or loved ones at risk. JH Lawyers are here to guide you through these changes and ensure your Will and estate plan comply with the latest legal requirements. Contact us today for a consultation and secure peace of mind for your future.
Managing the affairs of the deceased can be complex and emotionally taxing, and you need a legal partner who understands probate law. With over thirty-one years of experience in the field, JH Lawyers in Port Adelaide will help you navigate these uncertain intricacies and satisfy your legal needs. In this article, we provide a comprehensive guide to probate law, with a look at estate administration and the role of executors and beneficiaries. Contact our team today. Probate Law With Will Dispute Lawyers in Adelaide Probate law deals with the legal process involved in the administration of somebody’s assets after they pass away. This process adheres to a legal document called a will, which outlines how to distribute the assets and settle the debts of the deceased. For a will to be legally valid it must comply with strict legislative requirements and often the executors will need the Probate Registry of the Supreme Court of South Australia to confirm its authenticity before being allowed to administer the estate. The Administration of Deceased Estates There are many complexities involved with the administration of a deceased estate, and as compassionate, expert estate lawyers in Adelaide, we can help. Who is the Executor of a Will An executor is a person appointed in the will who oversees the administration of a deceased estate, ensuring all beneficiaries receive the assets they’re entitled to according to the will (subject to any claims being made against it). Typically, the deceased has chosen a close friend or family member for this role. The executor needs the original death certificate and the original will of the deceased to oversee the management of their assets. Estate Lawyers in Adelaide: Who Are Beneficiaries? A beneficiary is a person or entity to which the deceased has left a portion of their assets. Typically, a beneficiary receives these assets as part of an inheritance and can take many forms, such as Money Investments Hard assets, such as cars or homes Life insurance policy Retirement account Brokerage account Bank account The Estate Administration Process As trusted will and estate lawyers in Adelaide, we understand the process of administering a deceased estate with empathy and immaculate attention to detail. We can help through the stages, which include: Assisting the executor in understanding and fulfilling their duties as executors Preparing a list of all the liabilities and assets Applying for probate from the Probate Registry of the Supreme Court of South Australia If you need an expert team who can help guide you through the complex world of probate law with compassion and dedication, call the team at JH Lawyers in Port Adelaide today on 8440 2488, or contact us online today.
Contact Information
Hours Of Operation
- Mon - Fri
- -
- Sat - Sun
- Appointment Only
Flexible hours - offers out of hours service