About Wills and Estate Lawyers in Adelaide

WRITTEN BY FOUNDING PARTNER MARK WILLIAMS

When it comes to planning for the future, many people put off making a will or seeking estate advice because of uncertainty, misinformation, or myths about the process. Often these misconceptions prevent people from getting the proper legal guidance at the right time, leaving their estate wishes unprotected, their loved ones vulnerable to complications, and potentially causing unintentional and expensive legal battles.

Understanding what wills and estate lawyers really do and why their role matters is the first step toward peace of mind and effective estate planning. At Williams Legal, during our many years of practice, we have come across a lot of myths and misconceptions around what wills and estate lawyers in Adelaide do – or don’t do – so we would like to clarify some we frequently encounter.

Myth 1: “If I'm married, I don’t need a Will—everything automatically goes to my spouse”

While this is true to a point, it depends on the estate size and whether there are children involved. Without a valid Will, your estate is distributed according to the laws of intestacy set out in the Succession Act 2023 (SA) and not based on any personal wishes. This process is known as intestate succession and follows a clear legal order of who inherits what:

• If the deceased leaves a spouse (or domestic partner) and no children, the spouse inherits the entire estate.
• If the deceased leaves a spouse (or domestic partner) and children:
  • For estates worth $120,000 or less, the spouse inherits the whole estate.
  • For estates over $120,000, the spouse receives $120,000 plus half of the balance, and all personal belongings. The children share the remaining half.

In the case of an intestacy, any interest of a person who lacks legal capacity (under the age of 18 or intellectual disability, etc) must be paid to the Public Trustee unless leave is approved by application to the Supreme Court (section 91).

Estate laws don’t presume your wishes—only a properly drafted Will, prepared with the help of wills and estate lawyers, can do that.

Myth 2: “DIY Wills Are Good Enough—Why pay for a lawyer?”

Many people turn to fill-in-the-blank templates or online forms, thinking they're cutting costs. But DIY Wills often contain vague language, omit critical legal formalities, or fail to account for things like superannuation, testamentary trusts, or future challenges. 

When problems arise—disputes, probate delays, or invalidation—the costs far outweigh any initial savings. Enlisting the services of a wills and estate lawyers in Adelaide brings technical precision and foresight, helping your estate stand firm.

Myth 3: “My Will can’t be contested once it's signed—it’s final”

This is a myth that can prove costly. A Will can be challenged, on grounds such as inadequate provision for eligible persons (like children or dependants), undue influence, or doubts about the testator’s capacity. It is reported that contested wills and probate disputes have risen by approximately 25% nationally over the past decade, with estimates suggesting that about 10% of all Australian Wills now face legal challenges. 

A professionally crafted Will by a wills and estate lawyer can incorporate strategies to minimise contest risks, such as explanatory notes, proper appointment of executors, and testamentary trusts.

Myth 4: “A Will is a one-and-done document”

Some assume once drafted, a Will never needs review. That’s unwise. Life changes—marriage, divorce, birth of children, acquisition of property or superannuation—can render a Will outdated or invalid. Outdated documents top the list of planning traps. Estate planning should be an ongoing process, reviewed regularly and updated when circumstances change. The Williams team of Wills and Estate Lawyers in Adelaide can guide reviews and fine-tune your documents over time to ensure they remain valid.

Myth 5: “My small estate doesn’t justify legal help”

No matter how modest your assets are, you deserve clarity and protection. Failing to plan properly can leave your loved ones confused, delayed, or faced with legal issues during a time of grief. 

Clear directions—even for a small estate—help families avoid unnecessary heartache. Estate planning isn’t only about wealth; it’s about ensuring peace for those who matter.

Navigating Local Legislation

South Australia’s legal framework, including updates from the Succession Act 2023, has nuances. A specialist Adelaide wills and estate lawyer understands how these laws apply to your estate and can make sure your Will complies with state requirements.

Protecting Against Disputes and Delays

As national trends show, contesting wills has become more common. A wills and estate lawyer helps structure your estate with foresight—appointing appropriate executors, considering testamentary trusts, and anticipating potential claims.

Handling Complex Assets

If you have a business, property, superannuation, or leveraged investments, the legal interplay can be intricate. A wills and estate lawyer can coordinate with accountants or planners to address tax, control, and passing-on strategies—like using appropriate trusts to shield assets and optimise outcomes.

Creating Clarity and Peace of Mind

Wills and estate lawyers advise on how to distribute assets fairly (not necessarily equally), craft effective messaging for beneficiaries, and appoint suitable executors and guardians, thereby preventing misunderstandings and emotional fallout.

Continual Support

A relationship with wills and estate lawyers means ongoing guidance, not just at the moment of drafting. Our team can help you revisit your plan through life’s milestones and adjust to legal changes, ensuring your estate stays aligned with your wishes.

Wills and estate planning are not just a legal formality—it’s a responsibility. By working with our trusted wills and estate lawyers, you’re not only avoiding common myths, but you are also constructing a solid, flexible strategy that protects your wishes, assets, and the future of those you care about.

Don’t leave a legacy to guesswork. Professional guidance brings clarity, strength, and assurance—whatever life throws your way.