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Hardship

Generally speaking, a beneficiary is not entitled to any of the deceased's property until the executor distributes the estate. This can cause hardship if the main beneficiary is a spouse or domestic partner who has no other source of income.

From 1 January 2025, a person or institution holding $15,000 or less in cash or property for a deceased person may pay the money or transfer the property to a surviving spouse, domestic partner or child of the deceased without a grant of probate or administration [Succession Act 2023 (SA) s 100]. This is intended to allow banks, for example, to transfer small amounts to immediate family quicker than it may take following a grant of probate.

A surviving spouse or domestic partner may be entitled to social security assistance (see the Law Handbook section on Centrelink), and a surviving spouse or domestic partner may be able to obtain a loan, using the estate as security. In some cases an executor, such as the Public Trustee, may make a partial distribution, or an advance, to a surviving spouse or domestic partner.

Such hardship may be avoided by keeping a joint bank account. On the death of either account holder, the whole of the account passes to the survivor.

Hardship  :  Last Revised: Tue Dec 31st 2024
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.