Important Changes to South Australia’s Succession Laws Starting January 2025

Starting January 2025, new laws will change how inheritance and estates are handled in South Australia. The Succession Act 2023 will replace several older laws to make the process clearer and more straightforward, aiming to provide better protection and guidance for families. Here’s what you need to know:

Key Changes

1. New Rules for Inspecting a Will:
Certain people will have the right to look at a deceased person’s will after their death, including:

• People named in the will, even if they don’t receive anything.
• Beneficiaries from an earlier will.
• Immediate family members like a spouse, domestic partner, child, or stepchild.
• Former spouses or partners, under specific conditions.
• Parents, guardians, or those who would inherit if there was no will.
• Anyone with a legal claim against the estate, if the court agrees.

2. Who Can Make a Claim Against an Estate:
More people can now ask for a share of an estate if they feel they’ve been unfairly left out. This includes stepchildren and grandchildren who were dependent on the deceased. However, former spouses and partners generally can’t make claims if they’ve already settled financially with the deceased.

3. Simplifying Estate Administration:

• If someone dies with property valued up to $15,000, it can be transferred to their spouse, partner, or child without needing a Grant of Probate, which is a legal document for estate distribution.
• If it’s unclear who died first among joint property owners, the property will be split equally to make things easier.
• The rules for paying off a deceased person’s debts will now be more straightforward.
• If someone dies without a will, the amount automatically given to a spouse or partner will increase from $100,000 to $120,000.
• The duties of people managing the estate will be clearly outlined.

Why These Changes Matter

These updates are designed to modernise how estates are handled in South Australia, making the process easier to understand and reducing conflicts among family members. They provide clearer guidelines to help families and executors manage estates smoothly and fairly.

Need More Information?

Every situation is unique. If you have questions or need advice about your will or estate planning, feel free to reach out to us. We’re here to help you navigate these changes and ensure your wishes are carried out smoothly.

About 360Private Legal
At 360Private Legal, we are proud to be recognised as a Gold Alliance Legal Firm by The Law Society of South Australia. This recognition symbolises our commitment to the highest standards of professionalism, integrity, and excellence. Our team has extensive expertise across a range of legal services, including:

• Advice and implementation of estate and succession arrangements
• Facilitation of South Australian Grant of Probate and Letters of Administration
• Administration of family estates
• Legal guidance on commercial leases, residential aged care contracts, and various business agreements
• Conveyancing services

If you wish to discuss our services, please contact our team by calling the office or emailing us at [email protected].