Overview

What wills & estates lawyers actually do

Wills and estates covers two distinct situations: planning what happens to your assets, and dealing with someone else's estate after they die. The same firms usually do both.

The planning half is cheap and quick. The administration half is neither, and how much of it you face is largely determined by how well the planning was done.

The work they handle

Drafting wills, including for blended families and business owners
Enduring powers of attorney and guardianship appointments
Applying for probate or letters of administration
Administering an estate and distributing it to beneficiaries
Contesting a will, or defending an estate against a claim
Testamentary trusts and estate planning where tax or asset protection matters

South Australia

Where a matter like this is heard

Magistrates Court of SA

Handles most criminal and traffic matters and smaller civil claims.

District Court of SA

Handles serious criminal trials, appeals and most personal injury claims.

Supreme Court of SA

Handles the most serious criminal matters, large civil disputes and probate.

South Australian Civil and Administrative Tribunal (SACAT)

Handles tenancy, guardianship, housing and administrative review matters.

Adelaide's legal market is compact and concentrated in the CBD, so most South Australian firms are within walking distance of the courts.
South Australia licenses conveyancers separately, and using one for a straightforward transfer is common practice.

When to call a wills & estates lawyer

You have children, property or a business and no valid will
Your circumstances have changed — married, separated, a death in the family
Someone has died and you are named as executor
You have been left out of a will, or left less than you expected
A family member is losing capacity and nothing is in place

What it costs

A straightforward will is usually a modest fixed fee, and powers of attorney are often bundled with it. Estate administration is different — commonly charged hourly or as a percentage of the estate, and paid from the estate rather than by you personally. Contested estates are litigation and priced accordingly.

How to choose

Cheap wills get expensive later

Most contested estates trace back to a will that was unclear, out of date, or made without advice. The saving at the front end is small relative to what a dispute costs.

Ask about your specific complication

Blended family, a self-managed super fund, a farm, a business, someone with a disability — each changes the drafting. Say so on the first call.

Executors can get help

If you have been named executor and it feels overwhelming, a firm can do as much or as little of the administration as you want.

Before you engage anyone

Check the practitioner holds a current practising certificate. In South Australia that is The Law Society of South Australia, and the register is public.

Check the SA register ↗

Common questions

Is a DIY will kit valid?

It can be, if executed correctly. The common failures are witnessing errors and unclear wording, and both surface only after death when they cannot be fixed. For anything beyond the very simplest estate, the risk is poorly balanced against the saving.

What is probate?

A court order confirming a will is valid and that the executor can deal with the estate. Whether it is required depends on what the estate holds — banks and land titles offices set their own thresholds.

Who can contest a will?

Broadly, people the deceased had a responsibility to provide for — spouses, children and sometimes others who were dependent. The categories and time limits are set by state law and the deadlines are short.

Does my will cover my superannuation?

Often not automatically. Superannuation is usually dealt with by a binding death benefit nomination made with your fund, separately from your will. It is one of the most common gaps in an otherwise sound plan.

This page is general information, not legal advice. Laws differ between states and every situation turns on its own facts — speak to a qualified Australian lawyer before acting. If you cannot afford one, Legal Aid operates in every state and territory.

Other legal help in Adelaide

General Practice Solicitors in Adelaide544 Barristers in Adelaide27 Commercial Lawyers in Adelaide14 Family Lawyers in Adelaide7 Property Lawyers in Adelaide5 Immigration Lawyers in Adelaide4 Intellectual Property Lawyers in Adelaide3 Mediators & Arbitrators in Adelaide3 Litigation & Dispute Lawyers in Adelaide1

Wills & Estates Lawyers near Adelaide

Kent Town, SA5 Norwood, SA1 Rose Park, SA1 Eastwood, SA1 College Park, SA2 Unley, SA1 Goodwood, SA2 Frewville, SA2 Hyde Park, SA1 Walkerville, SA2 Millswood, SA1 Joslin, SA1

Wills & Estates Lawyers in other states

New South Wales Victoria Queensland Western Australia South Australia Tasmania Australian Capital Territory Northern Territory