Top 10 Wills and Estate Planning Lawyers in Adelaide
Ten Adelaide firms for wills, powers of attorney, probate and estate disputes, with what each one suits and how South Australia's new succession law works.
Google ratings checked 23 October 2026 · Updated 23 October 2026
Free, no obligation 15 to 30 minute phone or in person consultation. Fixed fee quotes for simple wills, estate planning, probate and administration; complex matters quoted separately. Home, hospital and office visits at no extra cost.
Office
Suite V1, Level 3, 169 Fullarton Road, Dulwich SA 5065
Full profile: lawyers, services and sources
About the firm
Genders & Partners works only in wills, estates, trusts and inheritance disputes. It traces its roots to 1848 and calls itself South Australia's oldest law firm. Principal Rod Genders, the third generation of his family in the law, is accredited by the Law Society of South Australia as a specialist in wills and estates and is on the Society's public register. The office is in Dulwich, across from Victoria Park, and the firm says home or hospital visits cost nothing extra. A free 15 to 30 minute consultation is offered, and simple matters get a fixed fee quote.
Founded in 1848, according to the firm
Also worth knowing
It offers a free 15 to 30 minute consultation and fixed fee quotes for simple matters.
Lawyers
The firm's site names only Rod Genders.
Rod Genders, Principal Accredited wills and estates law specialist
Areas of estate planning law handled
Wills
Integrated estate planning
Probate
Deceased estate administration
Trusts
Guardianship and SACAT applications
Advice for attorneys and trustees
Inheritance claims
Contested estates
Home and hospital visits
Office
Suite V1, Level 3, 169 Fullarton Road, Dulwich SA 5065
No obligation initial meeting, in person or by Zoom. The firm says it outlines its recommendations and expected fees before you proceed.
Office
Ground Floor, 70 Hindmarsh Square, Adelaide SA 5000
Full profile: lawyers, services and sources
About the firm
Donlan Lawyers was founded in 2006 by Tim Donlan, a former manager of a trustee company, and estate and succession work is the core of the practice. The firm says Tim Donlan and fellow partner Joel Siepmann are both named in Doyle's Guide as leading SA wills, estates and succession lawyers, and both are STEP members. According to the firm, Joel Siepmann has acted as a Deputy Registrar of Probates. Senior lawyer Sarah Mitchell has practised in estates since 2003. The firm covers estate planning, probate and disputed estates, and offers a no obligation first meeting.
Founded in 2006, according to the firm
Also worth knowing
It offers a no obligation first meeting and sets out expected fees before work starts.
Lawyers
Tim Donlan, Founding Partner
Joel Siepmann, Partner
Sarah Mitchell, Senior Lawyer, wills and estates
Paula Mertiris, Senior Associate Solicitor
Sonia Griesbach, Associate Solicitor
Areas of estate planning law handled
Wills
Testamentary trusts
Enduring powers of attorney
Advance care directives
Superannuation death benefit nominations
Business succession planning
Probate and letters of administration
Deceased estate administration
Disputed estates
International and cross border estates
Retirement living and aged care advice
Office
Ground Floor, 70 Hindmarsh Square, Adelaide SA 5000
Other details
Other offices
Victor Harbor (76 Ocean Street), McLaren Vale (182 Main Road)
Make an enquiry online or by phone. The site gives no consultation or fee terms.
Full profile: lawyers, services and sources
About the firm
Mellor Olsson is a full service firm with one of Adelaide's larger wills and estates teams: four partners and ten other lawyers on its estates page. Partner Nikki Owen leads the team after nearly two decades in England, including about ten years running a wills and asset protection team, and holds the STEP diploma, the firm says. It also says Doyle's Guide has listed it as a leading SA wills and estates firm for years, for both planning and litigation. It covers farm and business succession, estate disputes and SACAT matters. Ask about consultation terms when you call.
Also worth knowing
It also handles family provision claims, capacity disputes and SACAT guardianship matters.
Lawyers
Nikki Owen, Partner, leads Wills and Estates
Callen Bubner, Partner
Matt Dorman, Partner
Darren Foeng, Partner
James McEwen, Partner, estate litigation and elder law
Tim Mellor, Consultant, estate litigation and elder law
Charlotte Viergever, Senior Associate
Nick Coutts, Senior Associate
Siobhan Dawe, Senior Associate
Areas of estate planning law handled
Wills
Estate and succession planning
Testamentary and family trusts
Superannuation planning
Farm and business succession
Enduring powers of attorney
Advance care directives
Probate and estate administration
Family provision claims
Testamentary capacity disputes
SACAT guardianship and administration
Retirement village and aged care advice
Other details
Other offices
Port Lincoln, Clare, Barossa Valley, Bordertown, Kadina, Keith, McLaren Vale
Contact the firm by phone or online form. In estate litigation the firm says it may agree in some cases to defer its fees until the matter ends. Will storage in deed safes at no extra cost.
Office
11 to 17 Sturt Street, Adelaide SA 5000
Full profile: lawyers, services and sources
About the firm
Johnston Withers was founded in Adelaide in 1946 by Elliott Johnston and now has about 60 staff across seven South Australian offices. Its wills and estates work is led by special counsel Emma Godson, who has more than 20 years in estate law, the firm says. Director Caitlin Walkington runs contested estates, and the firm says Doyle's Guide recommends her for wills and estates litigation. The firm drafts wills, powers of attorney and advance care directives, handles probate, and acts for both claimants and estates in family provision claims. The firm says it stores documents in its deed safes at no cost.
Founded in 1946, according to the firm
Also worth knowing
It was founded in Adelaide in 1946 and has seven SA offices.
Lawyers
Emma Godson, Special Counsel, Wills and Estates
Caitlin Walkington, Director, estate litigation and succession
Nic Kernahan, Director
Alexander Hosking, Senior Lawyer
Jason Bell, Senior Lawyer
Areas of estate planning law handled
Wills
Testamentary trusts
Enduring powers of attorney
Advance care directives
Probate and letters of administration
Estate administration
Intestate estates
Family provision claims
Will validity challenges
Defending claims against estates
Document storage
Office
11 to 17 Sturt Street, Adelaide SA 5000
Other details
Other offices
Salisbury, Murray Bridge, Clare, Port Augusta, Whyalla, Roxby Downs
Fixed fees for simple wills, powers of attorney and advance care directives, with Seniors Card and concession discounts. Fixed fee probate options. Appointments by phone, video, at any office or at home, hospital or aged care.
Office
86 Franklin Street, Adelaide SA 5000
Full profile: lawyers, services and sources
About the firm
Scammell & Co. is one of Adelaide's oldest practices, dating to 1887 by its own account, and wills and estates is one of its biggest teams. Principal Ada De Duonni works in estates, and senior associate Tina Buoras heads the wills and estates division. Six other lawyers and consultants list wills, probate or estate disputes, spread across four offices. Lawyers will see clients at home, in hospital or in aged care. Simple wills, powers of attorney and advance care directives are done for fixed fees, with discounts for seniors and concession card holders.
Founded in 1887, according to the firm
Also worth knowing
Lawyers will meet clients at home, in hospital or in an aged care facility.
Lawyers
Ada De Duonni, Principal, wills, estate disputes and estate administration
Tina Buoras, Senior Associate, head of wills and estates
Graeme Hollidge, Consultant, estate litigation
Anthony Barilla, Consultant, wills, estate disputes and administration
Hannah Thomas, Associate, wills and estate administration
Delaini Gates, Associate, wills, estate disputes and administration
Erwin Lam, Lawyer, wills and estate planning
Areas of estate planning law handled
Wills
Testamentary trusts
General and enduring powers of attorney
Advance care directives
Probate applications
Deceased estate administration
Will validity challenges
Executor disputes
Will rectification
Home and aged care visits
Office
86 Franklin Street, Adelaide SA 5000
Other details
Other offices
Port Adelaide (235 St Vincent Street), Walkerville (107 Walkerville Terrace), Gawler South (27 Adelaide Road)
Free, no obligation first consultation by phone or in the office. Fixed fees where possible for wills packages, testamentary trusts and probate. For contested estates the firm says it generally does not expect payment until the matter ends, and sends monthly cost statements.
Office
213 Payneham Road, St Peters SA 5069
Full profile: lawyers, services and sources
About the firm
Beger & Co is an inner east practice on Payneham Road, St Peters. Its wills and estates work is led by two partners. Emma Marinucci began practising in 1987 and handles probate, estate planning and contested estates. Michelle Crichton covers wills, probate and inheritance claims alongside family law. The firm says it will not draw a will without the wider estate plan, so powers of attorney and advance care directives come as part of the package. First consultations are free, fixed fees apply where possible, and wills are lodged on the Law Society's register.
Also worth knowing
In contested estates, the firm says it generally does not expect payment until the matter ends.
Lawyers
Emma Marinucci, Partner, Wills and Estates
Michelle Crichton, Partner, Wills and Estates and Family Law
Isabella Barresi, Associate, Wills and Estates and Family Law
Danny Beger, Lawyer, commercial and property law, estate planning
Book an interview by phone, email or online form. The site gives no consultation or fee terms.
Office
69 Franklin Street, Adelaide SA 5000
Full profile: lawyers, services and sources
About the firm
Andersons started in Port Adelaide in 1968 and is now a mid sized firm with six South Australian offices. Its wills and estates team includes partner Michelle Hutton, who the firm says has more than 20 years in wills, estates and business succession, and special counsel Lynn Pham, who holds a Master of Laws in wills and estates and runs inheritance claims in the Supreme Court. The firm says managing partner Felix Hoelscher was named a leading estates litigator by Doyle's in 2019. Lynn Pham speaks Vietnamese. The site gives no first consultation terms.
Founded in 1968, according to the firm
Also worth knowing
The firm was founded in Port Adelaide in 1968 and has six SA offices.
Lawyers
The firm's wills page lists its whole legal team, so only lawyers whose profiles name wills and estates are listed here.
Michelle Hutton, Partner, Wills and Estates
Lynn Pham, Special Counsel, Wills and Estates and estate disputes
Felix Hoelscher, Managing Partner, commercial litigation and estates
Areas of estate planning law handled
Wills
Testamentary trusts
Family trusts
Enduring powers of attorney
Advance care directives
Probate
Estate administration
Contesting a will
Inheritance claims
Aged care and retirement living agreements
Office
69 Franklin Street, Adelaide SA 5000
Other details
Other offices
Morphett Vale, Murray Bridge, Nuriootpa, Port Adelaide, Woodville
Free initial interview, according to the firm's Adelaide office page.
Office
76 Light Square, Adelaide SA 5000
Full profile: lawyers, services and sources
About the firm
Tindall Gask Bentley was founded in South Australia in 1970 and is best known for injury and family law, but it says it also has the state's largest wills and estates team. Special counsel Adam Osborn leads the work, with senior associate Emma Todd practising only in wills and estates and special counsel Amanda Tsui adding tax and business experience. The team covers wills, powers of attorney, advance care directives, estate administration and estate disputes from eleven SA offices. The Adelaide office offers a free initial interview.
Founded in 1970, according to the firm
Also worth knowing
The Adelaide office offers a free initial interview.
Lawyers
Adam Osborn, Special Counsel, Wills and Estates
Emma Todd, Senior Associate, Wills and Estates
Amanda Tsui, Special Counsel, Wills and Estates and Business and Commercial
Eric Metcalf, Associate, Wills and Estates, family law and conveyancing
Areas of estate planning law handled
Wills
Estate planning
Testamentary trusts
Enduring powers of attorney
Advance care directives
Probate
Estate administration
Estate disputes
Family provision claims
Office
76 Light Square, Adelaide SA 5000
Other details
Other offices
Norwood, Reynella, Salisbury, Mount Barker, Gawler, Semaphore, Murray Bridge, Mannum, Port Lincoln, Whyalla, plus interstate
Make an enquiry online or by phone. The site gives no consultation or fee terms.
Office
Level 14, 96 to 100 King William Street, Adelaide SA 5000
Full profile: lawyers, services and sources
About the firm
DW Fox Tucker is a commercial firm on King William Street with an estate planning group aimed at business owners and people with significant assets. The team covers wills, powers of attorney, advance care directives, testamentary trusts, deeds of family arrangement, probate and administration. Directors Debra Lane and Helene Chryssidis, both disputes lawyers, handle contested estates and family provision claims. Associate Rachael Siow can advise in Mandarin, Cantonese and Malay. The site gives no consultation terms, so ask when you enquire.
Also worth knowing
It also prepares deeds of family arrangement and testamentary trusts.
Lawyers
Debra Lane, Director, disputed estates and insurance
Helene Chryssidis, Director, dispute resolution and disputed estates
Nicholas Radbone, Consultant and Special Counsel
Sandy Donaldson, Consultant and Special Counsel
William Rees, Senior Associate
Rachael Siow, Associate
Areas of estate planning law handled
Wills and codicils
Statements of intent
Enduring powers of attorney
Advance care directives
Testamentary trusts
Deeds of family arrangement
Probate
Deceased estate administration
Contested estates
Family provision claims
Office
Level 14, 96 to 100 King William Street, Adelaide SA 5000
Free, no obligation 15 minute phone consultation. Fixed fees for wills, powers of attorney, advance care directives and probate applications (conditions apply). Payment on completion and JustFund funding available in some matters.
Office
208 Carrington Street, Adelaide SA 5000
Full profile: lawyers, services and sources
About the firm
Randle & Taylor is a city litigation and general practice that traces its roots to Randle & Co in 1970. Barrister and solicitor Nick McCabe, admitted in 2000, has been sole director since 2021, and the firm's will dispute work runs in the Supreme Court. Solicitor Shadan Doyle lists wills and estates among her areas. The firm offers fixed fees for wills, powers of attorney, advance care directives and probate, subject to conditions, plus a free 15 minute phone consultation. It also accepts JustFund funding for estate costs.
Roots in Randle & Co, founded in 1970; Randle & Taylor formed in 1987, according to the firm
Also worth knowing
The firm traces its history to Randle & Co, founded in 1970.
Lawyers
Nick McCabe, Barrister and Solicitor, Director
Shadan Doyle, Solicitor, wills and estates among other areas
Patrick Trainor, Solicitor, probate and wills and estates
Jonathan Brohier, Solicitor, estate planning and testamentary disputes
Firm details come from each firm's own website. Google ratings are shown as published on Google and don't set the order. Spotted something out of date? Tell us.
Not sure which firm suits you?
Tell us a little about your matter and we'll put you in touch with a Adelaide estate planning lawyer. It's free and there's no obligation.
How we compiled this list
We include firms with an Adelaide office that do wills, estate planning, probate or estate disputes as a main part of their practice. For each firm we read its own website in October 2026 and wrote the description ourselves. We only name accredited specialists where the Law Society of South Australia's public register of accredited specialists lists them. Free consultations and fee terms are as the firm describes them, so confirm them when you call. We show Google ratings with the date we checked them.
No firm pays for its place on this list, and the order is our own. We write the descriptions ourselves, and firms don't get to edit them. If something here is out of date, let us know. There's more detail on how we rank law firms.
This page is general information, not legal advice. The law is as set out in the Succession Act 2023 and as published by the Courts Administration Authority of South Australia and the Legal Services Commission of South Australia in October 2026.
South Australia's new succession law
The Succession Act 2023 came into operation on 1 January 2025. It replaced three older laws: the Wills Act 1936, the Administration and Probate Act 1919 and the Inheritance (Family Provision) Act 1972. It applies to the wills of people still living, whether made before or after that date, and to deaths from 1 January 2025. Supreme Court cases started before that date carry on under the old law, and some rules, such as the amounts on intestacy, depend on the date of death. The estate of someone who died before 1 January 2025 may be dealt with under the old Acts, so if that's your situation, get advice on which law applies.
A valid will made before the change is still valid. You don't need a new will just because the law changed. These are the changes most people notice:
Seeing a will: after a death, a set list of people, including beneficiaries, the spouse or domestic partner, children and stepchildren, can now inspect or copy the will. Before the change, that generally wasn't possible until probate was granted
Family provision: the court now works through a list of factors written into the Act, and the deceased person's wishes come first. Stepchildren can claim in more situations, and claims by former partners, grandchildren, siblings and parents are restricted
Dying without a will: for deaths on or after 1 January 2025, the fixed amount a surviving spouse or partner takes first rose from $100,000 to $120,000. Children of first cousins can now inherit, but only if there's no closer relative
Executors: the court can require an executor or administrator to give undertakings, and can order one who fails in their duties to compensate anyone who lost out
Small amounts: up to $15,000 in money or personal property held for the deceased can be paid to a surviving spouse, domestic partner or child without probate
Financial agreements: a separated spouse or partner isn't entitled to the estate if a valid Family Law Act financial agreement made on or after 1 January 2025 was in force just before the death
Making, storing and changing a will
Under section 8 of the Succession Act, a will is valid only if it's in writing and signed by the will maker, or by someone else in their presence and at their direction. The signature must be made or acknowledged in front of 2 or more witnesses who are present at the same time. The witnesses then sign in the will maker's presence, though not necessarily in front of each other, and it must appear that the will maker meant their signature to give effect to the will.
Age: you must be 18 to make a will, unless you are or have been married. The Supreme Court can authorise a will for a minor, or for someone who lacks the capacity to make one, in terms it approves
Witnesses: a gift isn't void just because a beneficiary, or their spouse or domestic partner, witnessed the will. The Legal Services Commission still recommends using witnesses who aren't named in it
One original: sign a single original. Wills shouldn't be signed in duplicate
Informal wills: the Supreme Court can accept a document that wasn't properly signed or witnessed if it's satisfied the person intended it to be their will. These applications can be expensive, and not all succeed
Storage: anyone can deposit a will with the Supreme Court's Registrar for safe keeping, for a fee. Lawyers usually hold the wills they prepare, and the Law Society of South Australia runs a voluntary Wills Register
What happens
Effect on your will
You marry
Your will is revoked, unless it was expressly made in contemplation of that marriage
You register a relationship under the Relationships Register Act 2016
Your will is revoked, unless it was expressly made in contemplation of registering it
A divorce or annulment takes effect, or a registered relationship ends
Gifts to your former partner, and their appointment as executor, trustee or guardian, are revoked, unless the will shows you meant them to stand. Your former partner can usually still make a family provision claim, unless a Family Law Act financial agreement made on or after 1 January 2025 was in force
You make a later will, or sign and have witnessed a document revoking it
The earlier will can be revoked
You destroy it, or have it destroyed in your presence, meaning to revoke it
The will is revoked
Other changes in your life don't revoke a will on their own, so review yours after a separation, a birth or death in the family, or a big change in what you own.
Powers of attorney and advance care directives
A will only works after you die. If you lose the ability to make decisions while you're alive, South Australia uses two other documents, and a good estate plan usually includes both.
Document
What it covers
Key points
Enduring power of attorney, under the Powers of Attorney and Agency Act 1984
Your money and property
Keeps working if you lose legal capacity, unlike a general power of attorney, which ends. You must be over 18 and able to make your own decisions to make one. It can start once it's witnessed, or only when a doctor confirms you can no longer manage your finances. Your attorney can't consent to medical treatment for you
Advance care directive, under the Advance Care Directives Act 2013
Future health care, where you live and other personal matters
Must be made on the official form. You can appoint one or more substitute decision makers, but you don't have to. A refusal of particular health care is generally binding, with some exceptions, such as treatment after a suicide attempt or self harm, or treatment ordered under mental health laws. Other instructions guide the people deciding for you. It can only be used when you can't make that decision yourself
Witnessing a power of attorney: an enduring power of attorney has no effect unless a witness is someone authorised to take affidavits, such as a lawyer, a Justice of the Peace or a proclaimed police officer, and the attorney signs an acceptance on the form
Your attorney's duties: while you can't manage your affairs, your attorney must act with reasonable diligence to protect your interests and keep accurate records. Failing to keep records is an offence with a maximum penalty of $1,000. Anyone with a proper interest can ask the Supreme Court to order an audit or revoke the power
Witnessing a directive: the witness must be a suitable adult, such as a Justice of the Peace, lawyer, health practitioner, social worker, police officer or teacher. It can't be a substitute decision maker you've appointed, anyone with a direct or indirect interest in your estate, a health practitioner responsible for your care, or someone in a position of authority at a hospital, hospice, nursing home or other place where you live
Who can't be a substitute decision maker: a health practitioner responsible for your care, a paid carer, or anyone not competent to act. Each one must sign the form to accept the role
Forms: enduring power of attorney forms are available from Service SA on 13 23 24 or the Legal Services Commission. The advance care directive form and kit can be downloaded free or picked up free from Service SA. Directives on the form used before 1 March 2024 are still valid, and so are enduring powers of guardianship and medical powers of attorney made before July 2014
Limits: you can't make a directive for someone else, even as their parent, and you can't use one to request voluntary assisted dying. To change a directive, you make a new one
If there's no directive: a guardian appointed by SACAT, the South Australian Civil and Administrative Tribunal, can consent to medical treatment for you. If there isn't one, a close relative, then a close adult friend, then the person overseeing your day to day care can decide
Moving from hospital into aged care: since 9 July 2026, a substitute decision maker can decide that a person leaving a public hospital will move into residential aged care, and can authorise holding them there. This applies only if the person can't make the decision, no guardian with that power has been appointed, it's needed to prevent a significant risk of serious harm, and the directive doesn't rule it out. SACAT must review each case, and disputes can go to the Public Advocate
If there's no enduring power of attorney: once someone loses capacity, anyone with a proper interest can ask SACAT to appoint an administrator to manage their finances
Disagreements about an advance care directive, or decisions made under one, can go to the Office of the Public Advocate on 1800 066 969, or to SACAT.
Probate, administration and dying without a will
The Supreme Court of South Australia deals with deceased estates. An executor named in the will applies for probate. If there's a will but no executor able or willing to act, someone applies for letters of administration with the will annexed. If there's no will, the court appoints an administrator. A named executor doesn't have to take on the job and can renounce it.
Applying: all probate applications are lodged online through CourtSA, which people without a lawyer can also use. Personal applicants need a 100 point identity check in front of an authorised witness. The original will goes to the Probate Registry at the Sir Samuel Way Building, 241 to 259 Victoria Square, in person or by registered post
Timing: a grant can't be made earlier than 28 days after the death. The court says a simple application lodged correctly should produce a grant in under 4 weeks
When you need a grant: land in the deceased's sole name, or held as tenants in common, needs one. Property owned as joint tenants passes to the survivor without a grant, but the death must be registered with Land Services SA. Banks set their own limits for releasing money
Small estates: the Public Trustee can administer an estate of personal property worth $100,000 or less without a court grant
Court fees: the probate filing fee depends on the gross value of the estate, in four bands from $200,000 or less up to over $1 million. As at 1 July 2025 the fee ran from $987 to $3,945, so check the court's fees page for the current amount. Fees are paid by Visa or Mastercard credit card
Executor's duties: find the original will, arrange the funeral, get the death certificate, identify the assets and apply for the grant. Debts are paid in order: funeral costs, the legal costs of administration, tax and other statutory debts, then everything else. Someone harmed by an executor's failure has 3 years from finding out to ask the court for orders
If there's no valid will. Part 5 of the Succession Act decides who inherits. In most cases a relative must outlive the deceased by at least 30 days to share.
Who survives
Who inherits
A spouse or domestic partner, and no children
The spouse or partner takes the whole estate
A spouse or partner and children, estate of $120,000 or less
The spouse or partner takes everything
A spouse or partner and children, estate over $120,000
The spouse or partner takes $120,000, the personal belongings and half the rest. The children share the other half
Children but no spouse or partner
The children share equally. A child who died first is represented by their own children
No spouse, partner or children
Parents, then brothers and sisters or their children, then grandparents, then aunts and uncles or their children (first cousins), then children of first cousins
No one who qualifies
The estate goes to the Crown
Different rules apply if both a spouse and a domestic partner survive, or if a separated spouse had a Family Law Act financial agreement with the deceased. Stepchildren who weren't adopted don't inherit when there's no will. A spouse or partner living in the home can choose to buy the deceased's share of it at its value at the date of death. They generally have 3 months from the grant, or from the administrator's notice, unless the court allows longer.
Contesting a will: family provision claims
If a will, or the rules for dying without one, don't adequately provide for someone's proper maintenance, education or advancement in life, certain family members can ask the Supreme Court for a bigger share. This is a family provision claim under Part 6 of the Succession Act. Claimants generally need to show financial need or another special reason.
Who can claim
Conditions
Spouse or domestic partner, or a child
No extra conditions
Former spouse or domestic partner
Not if a valid Family Law Act financial agreement made on or after 1 January 2025 was in force just before the death
Stepchild
Vulnerable because of disability, dependent on or a carer of the deceased, or they or their parent contributed to the estate. A stepchild under 18 who was maintained by the deceased can also claim
Grandchild
Their parent, the deceased's child, died first, or the deceased was maintaining them
Parent
Cared for or maintained the deceased, or was maintained by them, just before the death or the move into residential care
Brother or sister
Cared for or maintained the deceased just before the death or the move into residential care
Deadline: within 6 months after the grant of probate or letters of administration. The court can extend the time only if the estate hasn't been completely administered
What the court weighs: the deceased person's wishes come first. It also looks at their reasons, the claimant's vulnerability and dependence, any contribution to the estate, and the claimant's character and conduct
Costs: the court can order a claimant to give security for costs where a claim may lack merit or a party won't negotiate. Costs can be ordered out of the estate or against particular parties, and a claimant who loses can be ordered to pay others' costs
Other options: some disputes settle through a deed of family arrangement. A will can also be challenged as invalid, which is a separate kind of case
If you think you've been left out, ask to see the will. Beneficiaries, a spouse or partner, children and stepchildren, and others on the list in section 48 can inspect or copy it. Once a grant is made, the will becomes a public document and a copy can be downloaded free from CourtSA.
Choosing an Adelaide wills lawyer, and free help
Many wills firms offer fixed fees for simple wills and estate planning documents, while probate and estate disputes are more often charged on time. In South Australia, your lawyer must tell you at the start how they'll charge and give you a range of estimates of the total legal costs, with what might change them. A costs agreement must be in writing or evidenced in writing. For estate administration, lawyers charge under the court's scale of costs or under a costs agreement.
Match the firm to the job. A simple will is very different from an estate with a farm, a family company or a trust, or a family provision claim heading for the Supreme Court.
Do the full plan at once. Ask whether the will, enduring power of attorney and advance care directive will be prepared together, and where the originals will be kept.
Ask who does the work. Find out who will draft your documents or run your file, and who goes to court if a dispute doesn't settle.
Consider an accredited specialist. The Law Society of South Australia has begun accrediting wills and estates specialists. Applicants need at least five years' admission in South Australia and substantial wills and estates experience, and must pass a written exam, a letter of advice and a simulated client interview. On this list, Rod Genders at Genders & Partners is accredited and on the Society's public register.
Legal Services Commission of SA: free legal advice on powers of attorney and advance care directives through the Legal Helpline, 1300 366 424, weekdays 9am to 4:30pm, or (08) 8111 5600 from interstate. Free advice appointments are usually 30 minutes. It doesn't give advice on drafting wills or help with probate applications, but it gives general information on both
Office of the Public Advocate: 1800 066 969, 211 Victoria Square, for help with advance care directive disputes and guardianship
Public Trustee: (08) 8372 7550. It prepares wills free for eligible concession card holders and some Centrelink recipients who appoint it as executor. As executor, it charges commission of 4.4% including GST on the first $200,000 of an estate's value, with lower rates above that
Community Legal Centres SA: 1300 860 529, for free advice and referrals
CourtSA Registry Services: (08) 8204 2444 or 1800 571 191, weekdays 8:30am to 5pm, for questions about lodging probate applications
Interpreters: the Translating and Interpreting Service is on 131 450
Adelaide estate planning law: common questions
Is my old will still valid under the Succession Act 2023?
Yes. A will that was valid when you made it stays valid, and you don't need a new one just because the law changed on 1 January 2025. It's still worth reviewing it after a marriage, divorce, new relationship or big change in your assets, because marriage revokes a will unless it was made in contemplation of that marriage.
What makes a will valid in South Australia?
It must be in writing and signed by you, or by someone in your presence at your direction. Your signature must be made or acknowledged in front of 2 or more witnesses present at the same time, and they sign in your presence. If a document doesn't meet these rules, the Supreme Court can still accept it if it's satisfied you intended it to be your will, but those applications can be expensive.
How long do I have to contest a will in SA?
A family provision claim must be made within 6 months after the grant of probate or letters of administration. The Supreme Court can extend that time, but only while the estate hasn't been completely administered. Get advice as soon as you can.
Who can make a family provision claim?
A spouse or domestic partner, a child, and a former spouse or partner unless a Family Law Act financial agreement made on or after 1 January 2025 was in force. Stepchildren, grandchildren, parents, and brothers and sisters can claim only in set circumstances, such as dependence on the deceased or caring for them.
What happens if someone dies without a will in South Australia?
The Succession Act decides who inherits. A spouse or domestic partner with no children takes everything. If there are children and the estate is over $120,000, the spouse or partner takes $120,000, the personal belongings and half the rest, and the children share the other half. Stepchildren who weren't adopted don't inherit.
Do I need probate?
Usually, if the deceased owned land in their sole name or as a tenant in common. Property held as joint tenants passes to the survivor without probate. Up to $15,000 in money or personal property can be paid to a surviving spouse, partner or child without a grant, and banks set their own limits for releasing funds.
What's the difference between an enduring power of attorney and an advance care directive?
An enduring power of attorney covers your money and property and keeps working if you lose capacity. It must be witnessed by someone authorised to take affidavits, such as a lawyer, Justice of the Peace or proclaimed police officer. An advance care directive covers health care, where you live and other personal matters, and must be made on the official form. The Legal Services Commission gives free advice on both through its Legal Helpline, 1300 366 424.
