This is general information only, not legal advice. Everyone’s situation is different. Get tailored advice before making decisions.
Last Will and Testament
A Last Will and Testament sets out who administers your estate (the executor) and how your assets are distributed after your death. A well-drafted Will reduces cost and delay for your family and ensures that your wishes are adhered to after your death.
Enduring Power of Attorney (EPA)
An EPA lets you appoint someone to make financial and legal decisions for you if you lose capacity. It comes into effect if you lose capacity to make your own decisions. South Australian law sets out duties for substitute decision-makers, including proper record-keeping.
Advance Care Directive (ACD)
An ACD allows you to record your preferences for health care, living arrangements, and personal matters. You can also appoint up to four substitute decision-makers to make decisions on your behalf if you can no longer do this, using the official SA form.
How the documents work together
Last Will and Testament
This document takes effect after your death and sets out how your estate is distributed.
POA
The Power of Attorney is used while you’re alive so financial and legal decisions can be made on your behalf.
ACD
Advance Care Directives are used while you’re alive and are for only health care decisions 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). Regardless of these changes, it’s still a good idea to review your Will every 5 years to make sure it reflects your current 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 substitute decision-maker moves away, becomes unwell, or is no longer suitable