Making a valid will is the only way you can be sure your property is distributed according to your wishes after you die.
You don't have to use a solicitor to prepare your will, but using a legal professional makes sure your will is legal, and reduces the possibility of it being contested.
If you don't have a legal will, South Australian laws will determine how your property or 'estate' will be divided.
Assistance with wills
The following services are available to prepare wills and provide assistance:
- Public Trustee can prepare wills for eligible customers.
- Legal Services Commission provides free information and legal advice on wills, including information about contesting a will.
- Law Society of South Australia provides a referral service for solicitors who can prepare a will and do home visits.
- Council of the Ageing South Australia (COTA SA) - a solicitor is available to provide free advice on general legal matters, including simple wills. Fees are charged for preparation of more complicated wills (lower price for members).
Executors
An executor of a will is the person or organisation responsible for carrying out the wishes of the deceased as instructed in their will. Being an executor may involve any or all of the following duties:
