Wills, Powers of Attorney & Advance Care Directives in South Australia

General information only, not legal advice. Everyone’s situation is different. Get tailored advice before making decisions.

Will

A Will sets out who administers your estate (the executor) and how your assets are distributed after your death. In SA, the Supreme Court’s Probate Registry manages non-contentious grants. A well-drafted Will reduces cost and delay for your family.

Enduring Power of Attorney (EPA)

An EPA lets you appoint someone to make financial and legal decisions for you if you lose capacity (or earlier if you specify). It continues (“endures”) during incapacity. South Australian law sets duties for attorneys, including proper record-keeping.

Advance Care Directive (ACD)

An ACD allows you to write instructions and preferences for health care, living arrangements, and personal matters, and appoint substitute decision-makers to act if you cannot. You can appoint up to four decision-makers using the official SA form.

How the documents work together

Will

Takes effect after death. Covers your estate only.

EPA

Used while you’re alive. For financial and legal decisions.

ACD

Used while you’re alive. For health care and personal matters.

Recent updates in SA law

From 1 January 2025, South Australia’s wills and estates framework is updated by the Succession Act 2023 (SA). If you made your Will years ago, it’s a good time to review it to ensure it aligns with current law and your wishes.

When to review your documents

• Separation, divorce, or entering a new relationship
• Buying or selling a major asset like a home or business
• The arrival of children or grandchildren
• Your chosen executor or attorney moves away, becomes unwell, or is no longer suitable