Power of Attorney

An enduring power of attorney is a legal instrument by which you allow a person to make financial decisions on your behalf, such as paying bills and taking money out of your account, selling or purchasing property and signing legal documents. If you lose capacity to manage your own financial affairs and do not have an Enduring Power of Attorney, an application needs to be made to the South Australian Civil and Administrative Tribunal (SACAT) for a guardian or administrator to be appointed.

SACAT may appoint The Public Trustee to take over your financial affairs which will include fees for management.

Mobile Lawyer Lisa Schutz, assisting an elderly lady with her Will.

Probate and Administration

If you have lost a loved one who owned assets in South Australia, you may need to apply for a Grant of Probate or Letters of Administration. We offer a fast, cost-effective, and compassionate service to guide you through this process during a difficult time.

We are also able to Act as agent for interstate law firms.

What is Probate?
Probate is required when a person passes away leaving a valid Will and owning assets that must be dealt with under that Will. This can include:
• Property held solely in the deceased’s name, and
• In some cases, property owned jointly with others.

A Grant of Probate gives the executor legal authority to manage and distribute the estate in accordance with the Will.

What is Administration?
Administration applies when a person dies without a Will (intestate) or with a Will without an executor appointed to Act and leaves assets in South Australia. The process is similar to Probate, but the application is made by the deceased’s next of kin, who must provide additional documentation to the Supreme Court of South Australia.
Because of these extra requirements, an application for Administration can take longer than a Probate application.

When a person dies intestate, their estate is distributed to their next of kin according to South Australian law.

Interstate Law Firms – We Can Act on Your Behalf
If your client has assets located in South Australia, we are able to act as your local agent in preparing and lodging Applications for Grants of Probate or Letters of Administration. We work efficiently and with a strong commitment to protecting both your firm’s and your client’s best interests. Our experience in South Australian estate matters ensures a fast, accurate, and reliable service, allowing you to confidently entrust the local process to us.

Family with three children looking into their sunset

FAQ's

In a world where you can do almost anything online — from ordering groceries to writing your Will — it’s tempting to take the quick, low-cost option. But when it comes to your Will, that shortcut might cost your loved ones dearly.

Here’s why relying on a Will kit or online service may not be enough — and why speaking with a lawyer is so important:

1. Your Situation Might Not Be So “Simple”
Most Will kits assume a one-size-fits-all approach. But no two families are the same. Blended families, stepchildren, estranged relatives, jointly owned assets, or even superannuation — these can all create complications that a generic template can’t address.

2. Wording Matters
A small error in wording or a missing signature can make a Will invalid or cause confusion. That can lead to delays, legal disputes, or even the wrong people inheriting your assets.

3. Your Super Might Not Be Covered
Superannuation doesn’t automatically form part of your estate. A lawyer can help ensure your Will, super, and nominations are all working together.

4. Peace of Mind
A legally drafted Will gives you confidence that your wishes are clear, valid, and enforceable — and that your loved ones won’t face unnecessary stress during an already difficult time.

5. You Get More Than a Document — You Get Advice
When you work with a lawyer, you get tailored advice, answers to your questions, and a chance to think through your options — not just a form to fill out.

In short: a Will kit might save you time today, but it could create real problems tomorrow.

If you want to be sure your Will is right for you, legally sound, and reflects your true intentions, let’s talk. I’ll guide you through the process in plain English — and meet you in the comfort of your own home.

Because peace of mind shouldn’t come in a box.

A simple Will is a legal document that sets out what happens to your assets after you pass away. It clearly records your wishes and gives certainty to your loved ones.

A simple Will usually covers:
• Who will receive your assets (your beneficiaries)
• Who will manage your estate (your executor)
• Guardianship arrangements for minor children

A simple Will is generally appropriate where your circumstances and estate are straightforward.

If your situation is more complex — for example, if you have a blended family, own a business, hold significant assets, or wish to include trusts — a more detailed estate plan may be required. This can include a testamentary trust, which is not usually dealt with in a simple Will.

The term “simple Will” is commonly used by law firms as a pricing category, allowing a fixed fee where the estate planning is uncomplicated. What is included can vary between lawyers, so it is important to check what the quoted cost covers.

I can help you determine whether a simple Will is suitable for your circumstances and guide you through the process in clear, plain English — so you can be confident your wishes are properly documented.

You should think of a Will when you start employment. But the following may trigger a Will check-up:

  • When there have been changes to your asset pool or the nature of your assets. Purchasing a house for example.
  • When a guardian, beneficiary, or executor is now deceased.
  • At significant changes to your financial situation
  • When there are changes in your family structure (marriage, divorce, children, blended families, etc.).  Marriage makes any Will you had before invalid.  If you commence living with a new partner, having a Will update is something to consider.
  • When you go through lifestyle changes, e.g. retirement
  • If you enter into a business arrangement that may affect your financial situation

Superannuation is one of the most misunderstood assets when it comes to estate planning. Many people assume it automatically forms part of their estate, but that’s not always the case.

Super is not automatically covered by your Will. Whether your super is paid directly to a loved one or to your estate depends on:
✔️ The type of super fund you have
✔️ Whether you’ve made a valid binding nomination
✔️ Your personal and family circumstances

Some funds will pay your super directly to your dependents. Others may pay it into your estate — but only if you’ve planned properly.

A Will can’t control your super unless steps are taken to align your wishes. That’s why it’s essential to get advice that takes into account your entire situation — including your super.

💬 If you want to be sure your super goes where you intend, speak to a lawyer who understands the process.

I’m here to help explain it all — clearly and simply.

A Will only operates when you die. An Enduring Power of Attorney that operates in the event of incapacity and an Advanced Cara Directive operate whilst you are alive but you are incapacitated.

While some joint assets do pass to a partner on death, this may not always be the case. We also can’t decide who dies first in a relationship. It is important that alternative beneficiaries are put forward. Having a Will always makes this easier and less complicated.

If you don’t have a Will and are in a de facto relationship, if your assets are not joint you are not usually automatically recognised as a spouse and may have to apply for a declaration to be recognised as domestic partners. The cost can be more than a Will, and your estate will be distributed in accordance with the laws of intestacy, not what you want.

A ‘grant of probate’ is a court’s official recognition that a Will is valid and the nominated executor(s) are responsible for dealing with the deceased person’s estate. Whether a grant of probate is required depends on the assets of the deceased.

A will kit can be legal if completed correctly. However, the requirements of a legal Will are complex. Making sure a Will covers all issues is complex. In the event that there are errors in your Will, the Supreme Court may give requisitions and require further documents be provided before granting Probate. Therefore, the cost of doing a Will with a qualified lawyer is more valuable and may save your family money and time.

The above examples relate to current laws in South Australia. They are general in nature, and you should seek personalised legal advice.