The Succession Act SA: what it means for you
The Succession Act 2023 (SA) replaces or supplements several earlier estate-related Acts. Here's what changed and how it affects your estate planning.
The Succession Act 2023 (SA) consolidates and modernises South Australia’s succession law. It replaced the Inheritance (Family Provision) Act 1972 (SA) for estates of people who died on or after 1 January 2024 and brought changes to family provision claims, intestacy rules, and several procedural matters.
What was consolidated
Family provision claims (formerly under the Inheritance (Family Provision) Act 1972) now sit in the Succession Act. Aspects of intestacy administration. Updated procedural rules for probate applications. Various technical updates to align with modern practice.
Family provision changes
The categories of people who can claim and the criteria the court applies have been updated. The general thrust – whether the deceased made adequate provision for the claimant – remains, but the specific tests reflect modern family structures including de facto and step-children.
Intestacy adjustments
Intestacy rules have been modernised, including provisions for de facto partners and recognition of various family structures. The basic order (spouse, children, parents, siblings, more distant relatives) remains substantially intact.
Effect on existing wills
Wills made before 1 January 2024 remain valid. The Act applies to estates of people who die on or after that date regardless of when the will was made. No automatic update needed – but reviewing wills made before 2023 is sensible to ensure they still match current intent.
Summary
The Succession Act 2023 (SA) replaces or supplements several earlier estate-related Acts. Here’s what changed and how it affects your estate planning.
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Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.