Estate Planning in South Australia.
South Australia has a distinct estate planning framework, and is notable for having some of Australia's most comprehensive advance care directive legislation. SA families should ensure their estate planning covers all three pillars: wills, powers of attorney, and advance care directives.
SA Legislative Framework
The Laws That Govern Your Estate in South Australia
Wills
Wills Act 1936 (SA)
Powers of Attorney
Powers of Attorney and Agency Act 1984 (SA)
Health Directives
Advance Care Directives Act 2013 (SA)
Probate Court
Supreme Court of South Australia
Wills Act 1936 (SA)
Wills in South Australia
South Australia's Wills Act 1936 is one of Australia's older wills statutes, though it has been amended to reflect modern requirements. A valid South Australian will must be in writing, signed by the testator, and witnessed by at least two people present at the same time. Beneficiaries and their spouses should not act as witnesses. The Supreme Court of SA can admit informal wills to probate in appropriate circumstances where the document clearly represents the deceased's intentions.
Key points
- Governed by the Wills Act 1936 (SA)
- Two adult witnesses required, both present at time of signing
- Beneficiaries and spouses of beneficiaries should not witness
- Courts have discretion to recognise informal wills
- Probate administered by the Supreme Court of South Australia
Powers of Attorney and Agency Act 1984 (SA)
Powers of Attorney in South Australia
In South Australia, enduring powers of attorney are governed by the Powers of Attorney and Agency Act 1984. An Enduring Power of Attorney covers financial and legal decisions only — personal and health decisions are handled separately under the Advance Care Directives Act 2013. The document must be executed before a lawyer, registered medical practitioner, or other prescribed witness. The SA Civil and Administrative Tribunal (SACAT) handles disputes and can appoint guardians or administrators when needed.
Key points
- Governed by Powers of Attorney and Agency Act 1984 (SA)
- Covers financial and legal decisions only
- Health and personal decisions covered under Advance Care Directives Act 2013
- Must be witnessed by a lawyer, doctor, or other eligible witness
- SACAT handles guardianship and administration disputes
Advance Care Directives Act 2013 (SA)
Advance Health Directives in South Australia
South Australia has arguably Australia's most comprehensive advance care directive legislation. The Advance Care Directives Act 2013, in force since 1 July 2014, allows SA residents to document their values and wishes AND appoint a Substitute Decision-Maker for both health and personal matters in a single document. Unlike most states, SA's ACD can include binding specific instructions and non-binding values statements — and it replaced older SA documents including the Medical Power of Attorney.
Key points
- Among Australia's most comprehensive advance directive frameworks
- Can appoint a Substitute Decision-Maker for health AND personal matters
- Combines binding instructions and non-binding values in one document
- Replaced older SA documents (Medical Power of Attorney, etc.)
- Must be witnessed by two adults, at least one being a prescribed person
SA-specific guidance
South Australia Estate Planning: Key Considerations
South Australia operates a family provision regime under the Inheritance (Family Provision) Act 1972 (SA), which allows eligible family members to apply to the court for greater provision from the estate. South Australia was also among the first Australian jurisdictions to recognise de facto relationships in succession law. If you have an older Medical Power of Attorney or Anticipatory Direction, these have been superseded by the new Advance Care Directive under the 2013 Act.
- Family provision claims: Inheritance (Family Provision) Act 1972 (SA)
- Surviving spouse has strong statutory entitlements
- De facto partners included in succession and family provision rights
- Old Medical POA / Anticipatory Direction superseded by new ACD
- SA abolished stamp duty on property transfers between married couples and domestic partners
Common Questions About Estate Planning in South Australia
State-specific answers to help you understand what's required where you live.
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