Will Kits in South Australia: Signing and Witnessing Rules

South Australia replaced its old wills law with the Succession Act 2023, so older kits and articles that cite the Wills Act 1936 may point to the wrong sections. The signing rules a kit needs to follow are set out in section 8 of the new Act. This page summarises them, along with the Law Handbook's practical signing steps and the Public Trustee's free will service, all checked on 30 October 2026.

This is general information, not legal advice. Will and power of attorney rules differ by state and territory. For advice on your situation, speak to a lawyer or your state's Public Trustee. AustralianWillKit.com.au is an independent guide operated by Dominet BV. We aren't a law firm, we don't sell wills or kits, and we don't draft wills. No link on this site is an affiliate link right now. We may earn a commission from will providers in future when a reader buys through a link on this site. If that happens we'll label those links and explain it in our affiliate disclosure, and it won't change the facts we publish. Rules, fees and prices were checked on official and provider websites on 30 October 2026 and can change. Read our general information notice.

South Australian will rules at a glance

We read version 1.1.2025 of the Succession Act 2023 on the SA legislation website.

What makes a South Australian will valid

Section 8 of the Succession Act 2023 says a will is valid only if:

• it is made in writing
• it is signed by you, or by someone else in your presence and at your direction
• the signature is made or acknowledged by you in the presence of 2 or more witnesses present at the same time
• the witnesses attest and sign the will, though no form of attestation wording is needed
• the witnesses' signatures are made or acknowledged in your presence, though not necessarily in each other's presence
• it appears, on the face of the will or otherwise, that you intended your signature to give effect to the will

Section 12 adds that a witness's lack of capacity, or later loss of capacity, doesn't by itself make the will invalid. Choose capable adult witnesses anyway.

Signing steps from the Law Handbook

The Law Handbook, published by the Legal Services Commission of South Australia, gives practical signing and witnessing steps. In summary:

1. Date the will before it is signed, either at the beginning or the end. If it isn't dated, an affidavit from a witness may be needed later to prove the date.
2. In front of both witnesses, sign in pen at the end of the will, and preferably at the foot of each numbered page.
3. The witnesses sign at the end, under your signature, in your presence, using the same pen.
4. Make only one original. Don't sign a duplicate. Photocopies are fine, and it helps to note on them where the original is kept.
5. Don't attach pins or paper clips. The Law Handbook explains that marks or holes can make the Registrar ask whether another document was attached.

These steps matter for kit wills, which are often printed, stapled and filled in at home.

Can a beneficiary witness a will in SA?

Section 13 of the Act deals with gifts to attesting witnesses. The Law Handbook summarises it: a beneficiary, or a beneficiary's spouse or domestic partner, may witness a will in South Australia, but it is preferable to ask people not named in the will, to avoid suggestions of a conflict of interest.

That puts SA with Victoria and the ACT, and apart from Queensland, Tasmania and the Northern Territory, where a gift to a witness can be void. Our who can witness a will table compares every state with its source.

Is a will kit legal in South Australia?

Yes, a kit will can be valid if it meets section 8 and you had testamentary capacity. Nothing in the Act requires a lawyer to write it. The risks are the usual ones: a signing mistake, unclear wording, or assets that a kit doesn't handle well. Our guide to whether a will kit is legal covers those conditions in detail.

Marriage, registered relationships and divorce

Marriage or registered relationship. Section 18 says a will is revoked by your marriage or by starting a registered relationship. A will made on or after 27 February 1969 that is expressed to be made in contemplation of marriage isn't revoked by that marriage. A will made on or after 1 August 2017 expressed to be made in contemplation of registering a relationship under the Relationships Register Act 2016 isn't revoked by that registration.

End of marriage or registered relationship. Section 19 says that when your marriage or registered relationship ends, gifts to your former spouse or partner are revoked, as are their appointment as executor, trustee or guardian and any power of appointment in their favour. The will then works as if they had died on the date the relationship ended. There are exceptions, including where the will shows you meant the gift to stand despite the relationship ending.

Life changes are the most common reason to make a new will. See our guide to updating a will.

Who can make a will in SA

Section 5 says a minor can't make, alter or revoke a will, subject to the Act. A minor who is or has been married can make a will as an adult can, and a minor can make a will in contemplation of marriage that takes effect only if the marriage happens. Section 6 lets the court authorise a will for a minor, and section 7 lets it authorise a will for a person who lacks testamentary capacity.

Public Trustee SA free wills

Public Trustee SA's making a will page says it can help you make a will and update it at any time for free if you are an eligible customer and the Public Trustee is named executor. If you aren't eligible, it says you will need to see a lawyer, a private trustee company or another alternative. The page links to an eligibility check, which we didn't work through, so we don't list the eligibility rules here.

Naming Public Trustee SA as executor means it administers your estate later, and it charges a commission on the estate for that work. Its fees page explains the commission, including that commission isn't charged on assets owned as joint tenants. Read that page before deciding. For a wider view of prices, see how much a will costs.

Enduring power of attorney in SA

The SA Government's power of attorney page, updated 1 July 2026, says:

• you can buy forms from Service SA, or download free editable Word versions of form P1 (power of attorney) and form P2 (enduring power of attorney) from the Land Services SA website
• you don't have to register a power of attorney, but before your donee can deal with your real estate it must be lodged at Land Services SA
• the Legal Services Commission's do-it-yourself Enduring Power of Attorney Kit explains how to revoke one

The Legal Services Commission's kit says an enduring power of attorney must be witnessed by a person authorised by law to take affidavits, which includes a lawyer and a justice of the peace, and that a donee can't be a witness. See our power of attorney guide.

If you die without a will in SA

Part 5 of the Succession Act 2023 sets out who inherits when there is no valid will. We haven't summarised those shares on this page. Our guide to dying without a will explains the general approach across Australia and links each state's official source.

Frequently asked questions

How many witnesses does a will need in South Australia?

Two or more, present at the same time when you sign or acknowledge your signature, under section 8 of the Succession Act 2023.

Can a beneficiary witness a will in SA?

Yes. Section 13 allows it, but the Law Handbook says it is preferable to use people not named in the will.

Is the old Wills Act 1936 still the law in SA?

The version of the law we read for this page is the Succession Act 2023, version 1.1.2025. Check that any kit you use refers to it.

Does a will need a date in SA?

The Law Handbook says to date the will before signing. Without a date, a witness may need to swear an affidavit later.

Does divorce cancel a will in SA?

Not the whole will. Section 19 revokes gifts and appointments to the former spouse or partner, with exceptions.

Can Public Trustee SA write my will for free?

Yes, if you are an eligible customer and name the Public Trustee as executor, according to its making a will page.