Understanding wills and estates in Adelaide
South Australia has its own legislation and rules for wills and estates, including the Wills Act 1936 (SA), Administration and Probate Act 1919 (SA), Inheritance (Family Provision) Act 1972 (SA) and Advance Care Directives Act 2013 (SA). Probate and administration applications are filed in the Supreme Court of South Australia.
A wills and estates lawyer in Adelaide can help with estate planning (wills, testamentary trusts, powers of attorney, advance care directives), estate administration (probate or letters of administration, tax and superannuation issues, asset transmission) and disputes (will validity, capacity and undue influence, family provision claims and contested estates).
This page explains the typical steps, costs and documents so you can evaluate options and choose the right support faster. It is general information only and not legal advice.
Important: Time limits can be strict—for example, most SA family provision claims must start within 6 months of the grant of probate or administration. Get tailored advice early if a deadline may apply.
Wills & estates services and common issues in Adelaide
What people often need first
- Drafting or updating a will (including blended family or testamentary trust planning)
- Probate application in the Supreme Court of South Australia
- Letters of administration where there is no valid will
- Executor guidance: valuing assets, paying debts and distributions
- Family provision claims and will disputes (capacity, undue influence, interpretation)
- Superannuation death benefits and binding nominations
- Enduring power of attorney and Advance Care Directive (SA)
- Property transmission and share registry transfers
Why matters become difficult
Common complications include unclear or informal wills, missing beneficiaries, superannuation that doesn’t follow the will, business or trust assets, overseas assets, disputes between executors or beneficiaries, and tight timeframes for court steps.
Early scoping helps—understanding assets and liabilities, locating the original will, and identifying dependants or eligible claimants often prevents delay and cost later.
Documents and information that often matter
Having the right paperwork ready can reduce cost and speed up next steps. Your Adelaide wills and estates lawyer will usually ask for:
- Original will and any codicils (if applicable) or confirmation there is no will
- Death certificate (or cause of death details if pending)
- Asset and liability list (real property, bank accounts, shares, vehicles, debts)
- Superannuation details and any binding death benefit nominations
- Trust deeds, company constitutions, partnership agreements if relevant
- Identification for executors/administrators and beneficiaries
- Land title references and rates notices (SA property)
- Shareholder or registry statements (e.g., Computershare, Link Group)
- Previous wills or medical records (for capacity/undue influence issues)
- Power of attorney/Advance Care Directive documents (SA)
Typical Adelaide process and estimated costs
| Stage | What usually happens |
|---|---|
| Estate planning | Scoping meeting, asset review, will and supporting documents prepared (often fixed-fee). Simple single wills commonly $300–$600; couples’ mirror wills $500–$1,200. Complex planning is quoted after scoping. |
| Death and notification | Locate the original will, identify executors, compile assets and liabilities, order the death certificate and value key assets. |
| Probate/administration | Application to the Supreme Court of South Australia for probate (if a valid will) or letters of administration (no will). Straightforward legal fees often $2,200–$5,500 plus filing fee and disbursements; complex estates cost more. |
| Administration | Collect assets, pay debts and taxes, manage property transfers, then distribute to beneficiaries. Timeframe depends on asset complexity and any disputes. |
| Disputes | Will challenges or family provision claims may involve negotiation, mediation and, if unresolved, court proceedings under the Inheritance (Family Provision) Act 1972 (SA). Strict 6‑month limit from grant typically applies. |
Service areas include Adelaide CBD, North Adelaide, Glenelg, Norwood, Unley, Prospect, Henley Beach, Mawson Lakes, Modbury, Marion, and surrounding suburbs.
Adelaide Wills & Estates FAQ
How much does a simple will cost in Adelaide?
For a basic single will, many Adelaide firms offer fixed fees around $300–$600; mirror wills for couples are often $500–$1,200. If your situation involves trusts, business or overseas assets, expect a tailored quote after a short scoping call.
What are Adelaide probate timeframes and fees?
For a straightforward estate, probate in the Supreme Court of South Australia often takes 2–8 weeks after filing if documents are complete. Typical legal fees range from $2,200–$5,500 plus the court filing fee and disbursements. Complex or contested estates cost more.
What is the time limit to make a family provision claim in SA?
Most family provision claims under the Inheritance (Family Provision) Act 1972 (SA) must be commenced within 6 months of the grant of probate or letters of administration. If a deadline is approaching, get advice urgently—extensions are discretionary and not guaranteed.
Get wills and estates help in Adelaide
Use the form below to get free guidance on your next step, typical costs for your situation, and to be matched with a suitable Adelaide wills & estates lawyer.