The Succession Act 2023 introduces significant changes regarding the access and inspection of wills in South Australia, aiming to make the process more transparent and equitable. Under the new legislation, a wider range of individuals now has the statutory right to inspect a deceased person’s will, which marks a considerable shift towards inclusivity in handling the affairs of deceased estates.
Expanded Rights to Access and Inspect Wills
Previously, the right to inspect a deceased person’s will was generally limited to executors and direct beneficiaries. However, the Succession Act 2023 broadens this scope significantly. Now, the following individuals have the right to inspect and obtain a copy of the will:
- Anyone named or referred to in the will, whether as a beneficiary or not.
- Surviving spouses, domestic partners, children, step-children, and former spouses or domestic partners.
- Any parent or guardian of the deceased, as well as parents or guardians of a minor named in the will or who would inherit if the deceased had died intestate.
- Persons who manage the deceased’s estate under an administration order immediately before death.
- Anyone else who can demonstrate a proper interest in the matter, provided their request to inspect the will is deemed appropriate by the circumstances.
This change is designed to ensure that all parties with a legitimate interest in the estate can verify the contents of the will, which can help prevent disputes and ensure the deceased’s wishes are honored transparently and fairly.
Legal Framework and Considerations
The act specifies that this right to access aims to balance transparency with the need to protect the privacy and intentions of the deceased. It aligns South Australia with other jurisdictions like NSW, Victoria, and Queensland, which already have similar provisions. This alignment is part of a broader effort to modernize and streamline estate management in the state, reflecting current societal values and legal standards.
The Succession Act 2023’s provisions for the inspection of wills represent a significant advancement in estate law in South Australia, promoting greater transparency and fairness in the probate process. As these changes take effect, individuals and legal practitioners must stay informed about their rights and responsibilities under the new law to effectively manage and settle estates. JD Legal, known for its expertise in estate law, can provide invaluable assistance in navigating these new regulations. JD Legal helps clients draft clear, comprehensive wills and manage estates in a way that respects both the letter and spirit of the new law. For anyone involved in estate planning, understanding these rights and the conditions under which they apply is crucial for ensuring that their or their loved ones’ final wishes are carried out smoothly and without legal complications.
Further information on these changes can be found on The College of Law.
