In the event of your death, a professionally prepared will can ensure that your property is dealt with the way that you want and that your beneficiaries avoid unnecessary expenses required to fix an invalid will or defend against a family provision claim.

Our estate lawyers in Adelaide and Mount Barker can prepare your will and advise you how to avoid costly mistakes.

What Is a Will?

A will is a document that a person can make to decide what happens to his or her property after death. It must be made in writing and signed by the person making the will in the presence of two witnesses, who must also sign the will together.

What Property Is Covered by a Will?

A will can direct what happens to the property that actually belongs to a person when that person passes away. Examples of property that a person can own include a house, car, or money in bank accounts.

However, a will cannot be used to direct what happens to property that a person doesn’t actually own in his or her own name. This includes—

• joint real estate, joint bank accounts, and other property held jointly;
• superannuation entitlements and life insurance nominations; and
• property held on trust (including in a family trust).

Jointly held property always passes to the surviving joint owner when one of the owners passes away, and superannuation entitlements can be dealt with by sending a binding death benefit nomination to the trustee of your superannuation fund. Property held on trust is best dealt with an estate plan.

What If I Don’t Have a Will?

If you die without a will, your property will be dealt with according to the rules of intestacy. It’s beyond the scope of this page to set out these rules in detail, but the safest way to make sure that your property is dealt with the way that you want is to make a valid will.

What If My Will Is Invalid?

If a will is made but is invalid—for example, because it does not comply with the required formalities—an application can be made to the Supreme Court to have the invalid will treated as a valid will provided it is clear that the deceased person intended the document to be his or her will.

However, such an application is not always successful and, even when it is successful, it is an expensive process that can be avoided by having a valid will prepared by a lawyer.

Family Provision Claims

A person making a will is generally free to dispose of his property in any way that he or she sees fit. However, the Inheritance (Family Provision) Act 1972 (SA) provides an exception.

That Act allows certain relatives, including the spouse and children of the deceased, to claim greater provision for themselves if the deceased did not make adequate provision for their maintenance and support in his or her will.

A lawyer will be able to advise you how to best avoid the possibility of a long and expensive family provision claim against your estate.

Complex Wills & Estate Plans

Most people require only a simple will. However, if you have an existing family trust or estate plan, or if you have a split family or a large estate, your needs may be better served by a complex will or estate plan. To find out more about estate plans, click here.

How Much Does a Will Cost?

We can prepare your will for as little as $300, and even less if you request two wills for a couple or a package with an enduring power of attorney or enduring power of guardianship. Complex wills and estate plans can often be done for a fixed fee. Click here for details.

What Is an Enduring Power of Attorney?

An enduring power of attorney is a document that authorises a person that you choose to make financial and property decisions, and certain other legal and business decisions, on your behalf.

Usually, an enduring power of attorney is made so that it takes effect only if you become incapable of making the decisions yourself (although it can be made to take effect straight away).

What Is an Enduring Power of Guardianship?

An enduring power of guardianship is a document that authorises a person that you choose (the enduring guardian) to make medical treatment decisions, and certain personal and lifestyle decisions, on your behalf in the event that you ever become incapable of making the decisions yourself.