Before death

No one is legally entitled to view or take a copy of a will while the testator is alive. It is up to the testator to choose whether or not to show their will to loved ones or disclose the content.

A will should be kept in a safe and secure place and the location should be disclosed to loved ones or at least the executor appointed in the will.

If a private lawyer has prepared the will, they will usually keep the signed original in a secure location. They cannot legally show it to anyone without the testator's consent.

After death

From 1 January 2025, the following people are legally entitled to view the will of a deceased person [Succession Act 2023 (SA) s 48(1)]:

A person who has access to a deceased person's will must allow anyone on this list to view and take copies of the will. This will usually be the lawyer who prepared the will or the executor.

The Supreme Court may also allow someone not on this list to view a deceased person's will if satisfied that

Importantly, the entitlement to view and take copies of a will extends to a revoked will, a document purporting to be a will, a part of a will and a copy of a will [s 48(5)].

Once the will of a deceased person is lodged with the Supreme Court and probate has been granted, it becomes a matter of public record and anyone may obtain a copy of the will through the CourtSA portal.

Wills lodged after 1980 are kept electronically but those lodged prior to 1980 are not and will require a manual search. Visit the Court website for more information.

If unsure whether or not a will has been lodged and granted probate, a person may need to periodically conduct a search.

See also Contesting a will.