Rosewood Succession Solicitors
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Plain-English writing on wills, trusts, and succession.

Articles covering the questions Adelaide families actually ask - how much does a will cost, what happens without one, what's a testamentary trust, and everything in between.

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What to include in your advance care directive

A strong ACD covers SDM appointments, values, specific medical preferences, and lifestyle wishes. Here's a structured approach.

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Who should witness an advance care directive in SA?

SA ACDs need an authorised witness under the Act. Here's who qualifies, and why the witness's role matters.

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Advance care directive vs enduring power of attorney: what's the difference?

EPAs cover money. ACDs cover medical and lifestyle. Most people need both. Here's how they work together.

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How to complete an SA advance care directive form

The SA ACD form combines medical directives with SDM appointment. Here's how to work through it.

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Advance care directives in SA explained

An ACD records your wishes for medical and lifestyle care if you can't speak for yourself. Here's how SA ACDs work.

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Enduring guardianship in South Australia

Enduring guardianship in SA is now delivered through advance care directives. Here's how the role works and how to appoint.

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Signing documents for someone losing capacity

Capacity is a sliding scale. Here's what carers need to know about signing estate planning documents with someone whose capacity is declining.

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Power of attorney and dementia: what carers need to know

Dementia and capacity are a progressive issue. Here's the right time to execute an EPA, and what happens when it's too late.

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Power of attorney for an elderly parent: where to start

Setting up an EPA for an elderly parent is an act of care. Here's how to approach the conversation and the process.

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Can a power of attorney change or make a will?

No. An attorney cannot make or change a will. But they can support related estate planning decisions. Here's the limit.

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How to revoke a power of attorney in SA

You can revoke a power of attorney while you have capacity. Here's the written notice process and best practice.

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When does an enduring power of attorney start?

EPAs can start immediately on signing, or only if you lose capacity. Here's how the two options work.

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Enduring power of attorney vs general power of attorney

General powers of attorney end on incapacity. Enduring powers continue. Here's the crucial difference.

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How to fill out the SA enduring power of attorney form

The SA EPA form is simple-looking but easy to fill out wrong. Here's a step-by-step guide to the key decisions and pitfalls.

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Enduring power of attorney in South Australia: a complete guide

An EPA lets someone you trust manage your finances if you lose capacity. Here's everything you need to know about SA enduring powers of attorney.

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Protective trusts for vulnerable adult beneficiaries

Some beneficiaries shouldn't receive lump sums. A protective trust gives you a way to provide without losing the protection.

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When a testamentary trust makes sense (and when it doesn't)

Testamentary trusts add cost and complexity. They're worth it for specific circumstances – not every family needs one.

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How much does a testamentary trust cost?

Drafting a testamentary trust adds $1,000-$2,500 to a will. Ongoing costs include trustee fees and accounting. Here's the full picture.

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Testamentary trusts for blended families

Blended families benefit from testamentary trusts that give lifetime income to a partner while preserving capital for biological children.

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Testamentary trusts for minor children

Minor beneficiaries gain the most from testamentary trusts. Here's why, and how the structure works for young children.

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How to set up a testamentary trust in your will

Setting up a testamentary trust happens inside the will – not separately. Here's the drafting structure and key decisions.

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Testamentary trust tax advantages explained

The big tax benefit of testamentary trusts: income to minors taxed at adult rates. Here's how it works, with numbers.

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Benefits of a testamentary trust for Australian families

Tax savings, asset protection, flexibility, and control. Here are the five concrete benefits a testamentary trust delivers.

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Testamentary trust vs family trust: which is right for you?

Family trusts are created during your lifetime. Testamentary trusts are created by your will. Different tax treatment, different uses.

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What is a testamentary trust?

A testamentary trust is a trust that activates on your death, created by your will. It unlocks tax benefits and asset protection that a straight gift can't.

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Deceased estate administration timeline

Most deceased estates take 6-12 months from death to final distribution. Here's what happens at each stage.

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What to do when someone dies in South Australia

The practical checklist for the days and weeks after a death in SA. Registration, finding the will, notifying institutions.

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What happens if you die without a will in SA?

Dying intestate in South Australia triggers statutory rules – not chaos. But those rules often don't match what you'd have chosen.

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Intestate succession: what happens without a will

Dying without a will means intestacy rules distribute your estate. Here's the SA statutory order – and why it often misses the mark.

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Can you refuse to be an executor?

Yes – named executors can renounce the role before applying for probate. Here's the process and what happens after.

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Common mistakes executors make (and how to avoid them)

The most common executor mistakes cause personal liability. Here are the big ones – and how to avoid them.

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Executor fees: can an executor get paid in Australia?

Executors can claim commission for their work – usually 1-3% of the estate. Here's when it applies and how to approach it.

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Executor responsibilities and legal duties

Executors owe fiduciary duties to beneficiaries. Breach can create personal liability. Here's the full list.

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What does an executor actually do?

Executors have significant legal duties – and personal liability. Here's what the role actually involves.

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The probate process step by step

From death to distribution, the probate process has six main stages. Here's what to expect at each.

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When you don't need probate: small estates in SA

Not every estate needs probate. Small estates with only jointly-held assets often don't. Here's when you can skip it.

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Probate court fees in South Australia

Probate filing fees in SA scale with the estate's value. Solicitor fees are separate. Here's the typical total cost.

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How long does probate take in SA?

Clean probate applications typically take 4-8 weeks in SA. Contested estates take much longer. Here's what affects the timeline.

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Grant of probate vs letters of administration

Probate covers estates with a will. Letters of administration cover estates without one. Here's the difference that matters.

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How to apply for probate in South Australia

Applying for probate involves the Supreme Court Probate Registry. Here's the full process, timeline, and costs.

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What is probate and when do you need it

Probate is the court's formal recognition that a will is valid and the executor has authority to administer the estate. Many estates need it – but not all.

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Common will drafting mistakes that cost families thousands

The most expensive will mistakes happen in the drafting, not the witnessing. Here are the biggest ones, and how to avoid them.

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Handwritten wills: are they valid in SA?

A handwritten will can be valid in SA if it meets the execution requirements. Here's what that means – and why it's still risky.

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Mutual wills: what they are and when couples use them

Mutual wills bind two people to a shared set of gifts. They're powerful but inflexible. Here's when they fit – and when they don't.

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Wills for couples without children

Couples without children face specific estate planning questions. Who inherits after both partners die? What about nieces, nephews, charities?

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Wills for unmarried couples and de facto partners

Unmarried couples face specific estate planning risks. Here's how wills protect de facto partners – and what intestacy rules actually give them.

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Wills for blended families in Adelaide

Blended families need careful estate planning. Rights of residence, testamentary trusts, and specific gifts help protect both the new partner and the biological children.

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Do I need a will if I have a mortgage?

Yes – especially if you have a mortgage. Joint property doesn't solve everything. Here's why a mortgage makes a will more important, not less.

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Why do I need a will in my 30s?

If you have a mortgage, a partner, a child, superannuation, or a business – you need a will. Here's why your 30s is the right time to start.

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Updating your will after having children

A new child changes more than your sleep schedule. Here's what to add to your will – guardianship, testamentary trusts, and substitute beneficiaries.

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Updating your will after divorce

Divorce doesn't revoke a will, but it does affect gifts to former spouses. Here's how separation and divorce change your estate plan.

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Updating your will after marriage

Marriage generally revokes a prior will in SA. Here's what happens – and why a new will should come soon after the wedding.

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How often should you update your will?

Review your will every 3 years, or whenever a major life event happens. Some changes force a rewrite – others need a simple codicil.

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Who can witness a will in South Australia?

Any adult can witness a will in SA – but there are specific rules about beneficiaries, their spouses, and capacity. Here's who to choose.

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What makes a will valid in South Australia

Three things make a will valid in SA: the right form, the right signing, and the right capacity. Here's each in detail.

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DIY will kits vs using a lawyer in SA

Will kits are cheap and fast. Lawyer-drafted wills are neither, but they're usually the cheaper option in the long run.

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Can you write your own will in Australia?

Legally, yes. Practically, it's rarely a good idea. Here's what DIY wills miss – and when the exceptions actually apply.

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How much does a will cost in Adelaide?

Will costs in Adelaide range from $550 for straightforward cases to $3,500+ for complex estates with testamentary trusts. Here's what drives the price.

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How to make a valid will in South Australia

A will is only valid if it meets South Australia's strict execution requirements. Here's what you need to know before you draft one – and the most common ways DIY w...

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