For a will to be valid in South Australia, it must:

These requirements are set out in s 8 of the Succession Act 2023 (SA). If these requirements are not met, the estate may be dealt with as if there were no will (see If there is no will), unless the court orders otherwise. These requirements do not apply to privileged testators (that is, members of the defence forces in actual military service, or sailors at sea). Privileged testators may make a nuncupative (oral) will instead of a written will [Succession Act 2023 (SA) s 10].

Waiving Formalities

If a will fails to meet the above requirements, the court may still consider the will to be valid. If the court is satisfied that the document expresses the testamentary intentions of the deceased, and was intended to constitute their will, it can admit that document to probate as a will of the deceased person [Succession Act 2023 (SA) s 11(2)]. An application will need to be made to the court under rule 353.5 of the Uniform Civil Rules 2020 with a supporting affidavit. Applications may be quite expensive and not all are successful, so it is important that all the formal requirements are met when making a will.

Foreign Wills

Generally, a will made overseas that is valid according to the law of the country where the will was made will be accepted in South Australia, even if it is not valid according to South Australian law. In other words, if a migrant's will is valid in the migrant's old country, it will be granted probate in South Australia [Succession Act 2023 (SA) s 37].

A will need not be in English to be accepted in South Australia. However, if it is not in English, it must be translated, and an affidavit verifying the translation of the will must be made, before probate will be granted. It is simpler if the will is written in English and translated to the testator.