Wills & Estates Lawyers – Adelaide

What Are Wills and Estates?

“Wills and estates” refers to the legal framework dealing with how a person’s assets are managed and distributed after death.

The main components include:

• Wills – legal documents that set out how a person’s estate should be distributed.
• Executors – individuals appointed to administer the estate.
• Probate – court recognition of the will and confirmation of executor authority.
• Estate administration – collecting assets, paying debts, and distributing the estate.
• Family provision claims – claims by eligible persons seeking provision from an estate.

Careful estate planning ensures your wishes are followed and helps reduce the risk of family disputes.

Types of Wills and Estate Planning Structures

Standard Will

The most common form of will that records how your estate should be distributed and appoints an executor.

Testamentary Trust Will

A will that establishes a trust upon death to manage assets for beneficiaries. Testamentary trusts may provide tax benefits and asset protection.

Mirror Wills

Commonly used by couples where each partner leaves their estate to the other and then to agreed beneficiaries.

Advance Care Directives

Although separate from a will, advance care directives record medical treatment preferences and appoint substitute decision-makers.

Enduring Powers of Lawyer

An enduring power of lawyer allows a trusted person to manage financial or legal matters if you lose decision-making capacity.

The Estate Administration Process in South Australia

1. Locate the Will

The executor identifies the most recent valid will and determines the deceased person’s assets and liabilities.

2. Apply for Probate

If required, the executor applies to the Supreme Court of South Australia for a grant of probate confirming authority to administer the estate.

3. Collect and Manage Assets

The executor gathers assets, secures property, and manages the estate during administration.

4. Pay Debts and Liabilities

Outstanding debts, taxes, and expenses must be paid before the estate is distributed.

5. Distribute the Estate

Once liabilities are satisfied, the remaining estate is distributed to beneficiaries according to the will.

Your Rights Under the Succession Act 2023

Testamentary Freedom

Adults with legal capacity generally have the right to decide how their estate will be distributed through a valid will.

Family Provision Claims

The Succession Act 2023 (SA) allows certain eligible persons – such as spouses, children, and dependants – to apply to the court if they believe adequate provision has not been made.

Intestacy Rules

If someone dies without a valid will, their estate is distributed according to the intestacy provisions of the Succession Act 2023.

Executor Duties

Executors must administer estates honestly, carefully, and in accordance with the will and applicable legislation.

Common Issues in Wills and Estates

• Disputes between beneficiaries.
• Challenges to the validity of a will.
• Family provision claims.
• Outdated wills that no longer reflect current circumstances.
• Complex estates involving businesses, trusts, or overseas assets.

Early legal advice can help minimise the risk of these issues.

Why Choose Wright Street Lawyers

• Experienced wills and estates lawyers advising Adelaide clients on estate planning and disputes.
• Clear, practical advice tailored to your personal circumstances.
• Legally compliant documentation prepared under South Australian law.
• Support with probate and estate administration.
• Representation in estate disputes and family provision claims.

Frequently Asked Questions

Do I need a lawyer to create a will?

While it is not legally required, legal advice helps ensure your will is valid and reduces the risk of disputes or invalid documents.

Can I change my will?

Yes. A will can be updated or replaced at any time while you have legal capacity.

What happens if I die without a will?

If you die without a valid will, your estate will be distributed according to the intestacy provisions under the Succession Act 2023.

How long does probate take in South Australia?

Probate may be granted within several months, although complex estates or contested matters may take longer.

Can a will be challenged?

Yes. Wills may be challenged on grounds such as lack of testamentary capacity, undue influence, improper execution, or through a family provision claim.