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.

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 (or earlier if you specify). It comes into effect if you lose capacity to make your own decisions. South Australian law sets out duties for attorneys, including proper record-keeping.

Advance Care Directive (ACD)

An ACD allows you record your preferences for health care, living arrangements, and personal matters, and appoint substitute decision-makers to make your decisions if you can no longer do this. You can appoint up to four decision-makers 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.

EPA

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). It’s a good idea to review your Will every 5 years 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