A will is a legal document with instructions about inheritance, care for dependents and other wishes after a person dies.

Locating a will

Generally, a will is kept in one of the following places:

  • a safe place in the home
  • with a friend or relative
  • with a solicitor
  • a bank or with an accountant
  • the Public Trustee.

Get help finding a will – Law Society of South Australia

When there's no will - Public Trustee

Executing a will

An executor is a person responsible for carrying out the wishes of the deceased person. A will can have more than one executor.

Executor duties

If you've been nominated as an executor:

Contesting a will

The validity of a will can be questioned for a number of reasons. For example, contesters of a will may argue that:

  • the person did not have the capacity to make the will at the time it was signed
  • the person was unduly influenced by another person in making the will
  • parts of the will were changed after it was signed.

To challenge a will, you should seek legal advice and make an application to the Supreme Court. An application must be made within six months of the grant of probate of the will.

Contesting a will - Legal Services Commission.


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Page last updated 4 March 2024

Provided by:
Attorney-General's Department
URL:
https://www.sa.gov.au/topics/family-and-community/births-deaths-and-marriages/when-someone-dies/wills
Last Updated:
04/03/24
Printed on:
19/04/24
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2024
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