Why Your Will Needs Updating Now, Including What Changed in South Australia in 2025
- Kaela Louise
- Jun 17
- 4 min read
A will is one of the most important legal documents you will ever prepare, and it is not something you can set and forget. Life changes, relationships change, and the law changes. If your will has not been reviewed recently, there is a good chance it no longer reflects your wishes or the current legal framework.
If you do not yet have a will, let this be a timely reminder to organise one. In South Australia, the law governing wills and estates changed significantly on 1 January 2025, making now a particularly important moment to get your affairs in order.
South Australia's Succession Laws Changed in 2025
On 1 January 2025, the Succession Act 2023 (SA) came into effect, repealing and replacing three long-standing South Australian Acts, the Wills Act 1936, the Administration and Probate Act 1919 and the Inheritance (Family Provision) Act 1972.
These changes introduced a number of significant updates, including an increase in the preferential legacy entitlement for a spouse or domestic partner on intestacy from $100,000 to $120,000, and clearly defined executor duties.
If you have an existing will that was prepared before these changes came into effect, it is worth having it reviewed to ensure it remains appropriate under the current legal framework.
When Should You Update Your Will?
As a general guide, your will should be reviewed and updated at least every three years, and immediately following any significant life event. Common triggers include:
Marriage or entering a de facto relationship
Separation or divorce from a spouse or partner
The birth of children or grandchildren
Children reaching 18 years of age
A significant change in your financial circumstances or assets
The death of a beneficiary or executor named in your will
Purchasing or selling significant property
Please note that marriage can affect the validity of an existing will. If your will was not prepared in contemplation of your marriage, it is important to seek advice about whether it remains valid.
What Happens if You Die Without a Will in South Australia?
If you die without a valid will in South Australia, you are said to have died intestate. Under the Succession Act 2023 (SA), your estate will be distributed according to the statutory order of intestacy, regardless of what you may have wanted.
The statutory order works broadly as follows:
If you leave a spouse or domestic partner and no children, your entire estate passes to your spouse or domestic partner
If you leave a spouse or domestic partner and children, your spouse or domestic partner is entitled to the first $120,000 of your estate, half of the remaining balance, and your personal belongings. Your children share the remaining balance equally
If you leave children but no spouse or domestic partner, your children share your estate equally
If you leave no spouse, partner or children, your estate passes through a hierarchy of relatives, and ultimately to the South Australian Government if no eligible relatives exist
The statutory order may not reflect your wishes and can result in outcomes that are both unintended and costly to administer.
A Well-Known Reminder of Why This Matters
The consequences of a will that has not been kept up to date can be significant. A well-known example is that of actor Heath Ledger, whose last will was prepared in 2003, leaving his estate to his parents and sisters. When his daughter Matilda was born in 2005, Heath did not update his will. Following his death in 2008, Matilda and her mother Michelle Williams were not included as beneficiaries under the will. In this case, Heath's family chose to gift the entire estate to Matilda, avoiding litigation. Many families in similar circumstances have not been so fortunate.
The lesson is straightforward. A will that does not reflect your current circumstances can create significant hardship for the people you care most about.
Separation and Your Will
If you are going through a separation, updating your will is an important and often overlooked priority. Separation does not automatically revoke or alter the terms of an existing will. If your former partner is currently named as a beneficiary or executor, your estate may still pass to them if you do not take steps to update your will.
We regularly assist family law clients with updating their wills as part of a broader approach to managing their affairs following separation. It is a straightforward step that provides important peace of mind at an already difficult time.
Ready to Update or Create Your Will?
Whether you need a new will or want to ensure your existing one remains current and valid, we can assist. Our wills service is designed for clients with straightforward circumstances, and we will guide you through the process clearly and efficiently.
You can get started by completing our guided wills intake, which allows you to outline your instructions before we make contact to discuss the next steps and confirm your fee.
Prefer to speak with us first? Book a free 15-minute introductory call and we will help you work out the right starting point for your circumstances.
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