How the 2025 South Australian Succession Law Changes Affect Your Estate Plan

You love your family, ensure that these changes do not adversly affect them

From 1 January 2025, significant reforms to South Australian succession law came into force, impacting wills, estate administration, and the rights of beneficiaries. Whether you are preparing your first will or reviewing an existing estate plan, understanding these changes is essential to ensure your wishes are respected and your loved ones are protected.

1. Expanded Eligibility to Contest Wills

What’s New: The updated Succession Act broadens the category of people who can challenge a will. In addition to close family and dependants, individuals with a “close personal relationship” to the deceased—such as long-term friends, carers, or non-family members who were financially dependent—may now have standing to contest a will.

Implications: 

• Greater risk of will disputes from non-traditional claimants

• Increased importance of clear, well-documented intentions in your will

  
  

Action Steps: 

• Review your will to ensure your intentions are explicit

• Consider including a statement of reasons for including or excluding certain individuals

• Seek legal advice on minimising the risk of successful challenges

  
  

2. Enhanced Executor Responsibilities

What’s New: Executors must now meet stricter criteria and demonstrate their suitability for the role. The Act introduces:

• Additional disclosure requirements regarding estate finances and decisions

• Stricter timelines for asset distribution

• Potential penalties or removal for non-compliance

  
  

Implications: 

• Executors face increased administrative and legal obligations

• The role may be more demanding and time-consuming

  
  

Action Steps: 

• Assess whether your chosen executor has the necessary skills and capacity

  
  

3. Updated Intestacy Rules

What’s New: The rules for distributing estates where there is no will (intestacy) have been revised. The new Act provides clearer rights for de facto partners, stepchildren, and other non-traditional family members.

Implications: 

• De facto partners and children from previous relationships may now inherit under certain circumstances

• The distribution of assets may differ significantly from your intentions if you die intestate

  
  

Action Steps: 

• Ensure you have a valid, up-to-date will to control how your estate is distributed

• Review your estate plan if your family includes stepchildren or non-marital relationships

  
  

4. Protections for Vulnerable Beneficiaries

What’s New: The Act introduces enhanced protections for minors and individuals with disabilities. Executors may be required to establish trusts or appoint trustees to manage inheritances until beneficiaries reach a specified age or meet certain conditions.

Implications: 

• Additional complexity in estate planning and administration

• Greater assurance that vulnerable beneficiaries’ interests are safeguarded

  
  

Action Steps: 

• Discuss special trust provisions with your solicitor if you have vulnerable beneficiaries

• Ensure your estate plan complies with the new requirements

  
  

5. Greater Transparency and Reporting

What’s New: Executors and trustees must now adhere to higher standards of transparency, including:

• Detailed reporting to beneficiaries

• Regular updates on the estate’s financial status

• Comprehensive documentation of all transactions

  
  

Implications: 

• Beneficiaries will have more insight into estate administration

• Executors may face increased administrative work and costs

  
  

Action Steps: 

• Executors should seek guidance on compliant record-keeping and reporting

• Consider professional support to meet these obligations efficiently

  
  

Frequently Asked Questions

What are the main changes to South Australian succession law in 2025? The changes expand who can contest a will, increase executor duties, update intestacy rules, enhance protections for vulnerable beneficiaries, and require greater transparency.

Do I need to update my will because of the new laws? It is strongly recommended to review your will to ensure it reflects your wishes and complies with the new Act.

Who can now contest a will in South Australia? In addition to close family, those in a close personal relationship or financially dependent on the deceased may now be eligible to contest.

What should I consider when choosing an executor? Select someone with the skills, experience, and willingness to meet the new legal obligations, or consider appointing a professional.

How do the new intestacy rules affect blended families? Stepchildren and de facto partners may now have rights to inherit, making it crucial to have a clear, up-to-date will.

Take the Next Step

The 2025 changes to South Australian succession law introduce new complexities and responsibilities for will-makers, executors, and beneficiaries. Now is the ideal time to review your estate plan, update your will, and ensure your executor is prepared for their role.

For tailored advice and assistance with your estate planning, contact Craig McKay Legal. Our experienced team is here to help you navigate the new laws and secure your legacy.

Download our Will FAQ, book an appointment, or take advantage of out complimentary Will Review.