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.

Assistance with wills

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

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.

  • Related information

    Legislation

    Administration and Probate Act 1919


    Was this page useful?

    Take a moment to tell us why.

    If you need a response, send an enquiry instead.


    Page last updated 11 July 2019

    Provided by:
    Department of Human Services
    URL:
    https://www.sa.gov.au/topics/family-and-community/planning-ahead/making-a-will
    Last Updated:
    11/07/19
    Printed on:
    08/12/19
    Copyright statement:
    SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2019
    Close