The Succession Act 2023 is set to come into effect on 1 January 2025 and brings major significant changes to South Australia’s succession laws. This new Act replaces three existing laws: the Administration and Probate Act 1919, the Inheritance (Family Provision) Act 1972, and the Wills Act 1936 and varies other legislation. These reforms are the biggest changes to South Australia's succession laws in over 50 years, so people need to understand the changes and how they might impact them. Here’s a brief snapshot of what you need to know about some of the upcoming changes.
Under the new law, certain classes of people now have the right to inspect a deceased person's will before a Grant of Probate is made. These include beneficiaries, former spouses, children, and anyone who has a legitimate interest in the estate.
The Act also changes the rules regarding inheritance claims. The deceased person’s wishes are now the primary consideration in family provision claims, and certain parties, like stepchildren, will be able to make claims more easily. Grandchildren, however, will have stricter criteria for making a claim.
The Succession Act 2023 also clarifies the rules for administering estates. Instead of using a set of common laws, there will be coded rules for debt payment. The Act also introduces changes for intestate estates (when a person dies without a will), increasing the preferential legacy for spouses from $100,000 to $120,000. Overall, these changes clarify the roles of executors and administrators.
If you already have a will, consider reviewing it in line with the new changes to ensure it still meets your intentions. If you haven’t planned your will yet, make a booking with one of our highly experienced Wills and estates planning lawyers and start today!
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
