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Wills, Estate Planning & Probate Blogs

How to Administer an Insolvent Estate

When an estate appears to have more debts than assets, it’s understandable to wonder why anyone would take on the task of administering it. While finalising the deceased’s affairs is

Can an Executor of a Will be Paid?

Sometimes parties may be nominated as an executor in a Will where their relationship to the deceased is one of a trusted friend or acquaintance. Similarly, where there is

What is Estate Planning?

Estate planning is the process of arranging the distribution of your assets after you pass away. It can also involve arranging how your financial and medical decisions should be handled if

What is Testamentary Capacity?

Testamentary Capacity is the standard required of a person wanting to make a Will. The Willmaker must understand the document being created, its effects, the extent of their assets

How Long Does Probate Take in South Australia?

Probate is the process whereby it is established that the Will is valid and represents the final testamentary intentions of the testator, or in legal terms, the proving of the Will.

What Happens If You Die Without a Will?

If you pass away without a valid Will, your estate will be distributed under the law of intestacy, as set out in the Succession Act 2023. This means your assets may be divided

What is an Informal Will?

An Informal Will refers to an estate planning document that does not meet the formal legal requirements for making a valid Will. Informal Wills often arise when someone attempts to

What Is a Substitute Decision Maker?

When you complete an Advance Care Directive Form, you are required to appoint at least one Substitute Decision Maker. This is the person who will make decisions on your behalf

South Australia's Succession Act 2023: An Overview of the Legal Reforms

South Australia will soon experience a significant overhaul of the laws that govern Wills and estates, with the new Succession Act 2023 set to commence on 1 January 2025.