
In 2023, new legislation to succession law was approved in Government. This new legislation was to replace the Wills Act 1936, the Administration and Probate Act 1919 and the Inheritance (Family Provision) Act 1972.
The Succession Act 2023, which is the new legislation, became effective as of 1 January 2025 and was carefully considered to modernise and simplify original laws and bring them into line with other States and Territories and be more considerate to the changing family situations that are now seen through society, such as blended families, step-children and spouses/domestic partners.
Changes to the laws ensure that the wishes of a testator are the primary consideration of the Court when deciding claims for family provision.
Notable changes arising from the new Act include who is entitled to access a Will of a deceased person and who can make a claim against a deceased estate.
Who can access a Will of a deceased person
The Act now allows the following persons a right to inspect or be given copies of a deceased person’s Will:
- A person named or referred to in the Will (whether as a beneficiary or otherwise).
- A person named or referred to in an earlier Will as a beneficiary of the deceased.
- The surviving spouse, domestic partner, child or stepchild.
- A former spouse or domestic partner.
- A parent or guardian.
- A person who would be entitled to a share of the estate if the deceased died without a Will.
- A parent or guardian or a minor referred to in the Will or who would be entitled to a share of the estate if the deceased died without a Will.
- A person committed with the management of the deceased person’s estate under the Guardianship and Administration Act 1993 immediately before the death of the deceased person.
If the person holding the Will refuses to give a copy of the Will to the above person(s) then the Court can make an Order requiring that the requesting person is given a copy.
Who can make a claim against a deceased estate
The Act now specifies who is able to claim against the deceased person’s estate. Those are:
- The spouse or domestic partner.
- A former spouse or domestic partner.
- A child or step-child.
- A grandchild.
- A parent.
- A sibling.
If there is an agreement or a Court Order that has been made between the deceased and a former spouse or domestic partner, immediately before the death of the deceased, the spouse or domestic partner will not be entitled to a share in the estate.
Any person wanting to make a claim against a deceased estate must make such claim within 6 months after the grant of probate or administration.
Administering an Estate
The Act now provides rules around the payment of a deceased’s estate, which were previously governed by case law. A person holding money or personal property of the deceased of not more than $15,000 are now permitted to pay or transfer property directly to the deceased spouse, domestic partner or children without the requirement of a Grant of Probate or Letters of Administration.
If you already have a Will, it is still valid and there is no need to update your Will. Of course, if your individual circumstances have changed, then you ought to have a look at your Will and consider whether your current Will still reflects your wishes.
If you consider that your Will needs updating or you would like to discuss your Will, please call Shorter Legal to book a no obligation free interview to discuss your concerns.