Major Changes to Succession Law in South Australia: What You Need to Know for Your Estate Planning
Estate planning is a crucial part of securing your family’s future, ensuring your assets are distributed according to your wishes. Significant changes came into effect in South Australia on 1 January 2025 that could impact your estate planning, particularly regarding step-child claims and the importance of documenting your wishes. These changes are outlined in the Succession Act 2023 (The Act).
If you have a will—or don’t yet have one—now is the time to review your estate plan to ensure your assets are protected under the new laws.
Key Changes to Estate Planning Laws in 2025
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Expanded Rights for Step-Children to Contest an Estate
One of the biggest updates under the Act is the broadened ability for step-children to make a claim against their step-parent’s estate.
Previously, step-children could only contest a will if they were wholly or partially financially dependent on the deceased at the time of their passing. However, under Section 115(3) of the new Act, step-children may now have grounds to challenge an estate if they:
- Are disabled and significantly vulnerable as a result;
- Were financially dependent on the deceased at the time of their death;
- Provided care or financial support to the deceased before their passing;
- Made a substantial contribution to the deceased’s estate; or
- Had a biological parent whose assets significantly contributed to the step-parent’s estate.
What This Means for You
If your family structure includes step-children, it is essential to review your will and estate plan to assess how these changes may affect your wishes. You may need to update your documents to clearly define your intentions and protect your assets from potential claims.
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The Importance of Recording Your Wishes in Detail
Another major change in Section 116(2) of the Act is that the deceased person’s wishes will become a primary consideration in family provision claims.
While courts have always considered the intentions of the deceased in estate disputes, the new law formally prioritises them. However, how this will be interpreted by the courts remains unclear.
How to Protect Your Estate from Future Disputes
To strengthen your estate plan against future challenges, it is highly recommended that you prepare a detailed statement of wishes alongside your will. This document should clearly outline your reasons for distributing your estate in the way you have chosen, making it harder for someone to successfully contest your will.
Why You Should Review Your Estate Plan Now
With these changes now in force, now is the perfect time to review your estate plan to ensure your wishes are upheld and your loved ones are protected.
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We’re here when you need us. Ensure your estate plan reflects your wishes under the new laws now in effect!