Planning ahead

Making a will

Making a valid will is the only way you can be sure your property is distributed according to your wishes after your death.

There is no legal requirement that a solicitor must prepare a will, but using a legal professional will make sure your will is legal and reduce 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.

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:

  • making funeral arrangements
  • applying for a certified copy of the death certificate
  • applying for probate (the process of proving and registering in the Supreme Court the last will of a deceased person)
  • attending to all financial matters, including funeral expenses, legal costs, distributing assets and settling any outstanding debts.

Assistance with wills

The following services are available to prepare wills and provide assistance:


Related information

Legislation

Administration and Probate Act 1919


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Page last updated 22 February 2019

Provided by:
Department of Human Services
URL:
https://www.sa.gov.au/topics/family-and-community/planning-ahead/making-a-will
Last Updated:
22/02/19
Printed on:
20/06/19
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2019
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