Recommendations lead to landmark Succession Act reform
The independent South Australian Law Reform Institute (SALRI), based at the 成人大片, has made important recommendations culminating in the passing of a new landmark Succession Act to replace decades of out-of-date laws 鈥 one even stemming from the era of King Charles II in the 1600s.
The Succession Act 2023 passed the South Australian Parliament with all party support on 28 September 2023.
The new Act implements the work of SALRI, which is based at the 成人大片 Law School, with wide acknowledgement of their role and work in the parliamentary debate.
The new Act implements a remarkable 107 out of 113 recommendations made by SALRI following wide research and consultation on succession law and practice, conducted by SALRI with the community, lawyers and interested parties.
This major project was overseen by the 成人大片鈥檚 Professor John Williams, SALRI Director; Associate Professor David Plater, current SALRI Deputy Director; Associate Professor Sylvia Villios of the Adelaide Law School; and the late Helen Wighton, SALRI鈥檚 founding Deputy Director.
鈥淭he State Government in 2011 invited SALRI to identify those areas of succession law in South Australia that were most in need of review and to recommend reforms where needed,鈥 said Professor Williams.
鈥淭he new Succession Act 2023 delivers a modern piece of legislation that we hope will serve the people of South Australia well into the future.
鈥淚t is a fitting tribute to the memory of Helen Wighton.鈥
Associate Professor Villios said that the new Act deals with a vital area and brings succession law into modern times.
鈥淭he changes made by the new Succession Act range from the technical to the major,鈥 she said.
鈥淥ne notable change is to update modern concepts of family for inheritance. Another is to discourage speculative and unmeritorious claims by dissatisfied relatives and strengthen the wishes of a deceased.鈥
The Act implements no fewer than seven SALRI reports into many aspects of succession law and practice, undertaken between 2011 and 2018. This work involved reviewing various topics, including:
- Review of Sureties鈥 Guarantees for Letters of Administration.听
- Wills Register: State Schemes for Storing and Locating Wills.
- Small Estates: Review of the Procedures for Administration of Small Deceased Estates and Resolution of Minor Succession Law Disputes in South Australia.听
- The Law of Intestacy.听
- Management of the Affairs of a Missing Person.
- 鈥楧istinguishing between the Deserving and the Undeserving鈥: Family Provision Laws in South Australia.
- Who May Inspect a Will?
鈥淭his was a huge project over several years,鈥 said Associate Professor Plater.
鈥淪ALRI would like to thank the many parties who kindly contributed in various ways to this important work, including successive students of the Law Reform class at Adelaide Law School.
鈥淲e would particularly like to acknowledge the input of Dianne Gray, the Hon Tom Gray SC, Louise Scarman and especially the late Helen Wighton.鈥
The new Act will come into effect on a future date to be confirmed in due course.
For more information about the South Australian Law Reform Institute, please visit听听
Media contacts
Associate Professor Sylvia Villios, Adelaide Law School, 成人大片. Phone: 0408 011 203. Email: sylvia.villios@adelaide.edu.au
Associate Professor David Plater, Adelaide Law School, 成人大片. Phone: 0427 214 802. Email: david.plater@adelaide.edu.au
Poppy Nwosu, Media Officer, the 成人大片. Mobile:听+61 8 8313 0814. Email: poppy.nwosu@adelaide.edu.au