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Marriage and Estate Planning in SA: 10 Essential Checks

Wills, remarriage, the family home, superannuation and decisions during life.

PA Law Pty Ltd · Gawler, Adelaide and South Australia
Updated 16 October 2026

Marriage and estate planning belong on the same checklist. Whether this is your first marriage or a later relationship, the useful starting point is to ask who should receive your assets, who could make decisions if you could not, and whether the documents actually achieve those intentions.

This article expands on PA Law’s video about marriage and Wills. It considers the wider arrangements couples may need to review, especially when there are children, a jointly owned home or responsibilities from a previous relationship.

10 essential marriage and estate planning checks

1. Establish whether your existing Will will survive the marriage

Section 18 of the Succession Act 2023 (SA) sets out the general revocation rule and its exceptions. For most couples, the relevant exception concerns a Will expressed to be made in contemplation of the particular marriage.

Have the whole document assessed. Being engaged when you signed it, or naming your partner as a beneficiary, does not by itself settle the issue. Tell your solicitor the proposed wedding date and ask how any new Will should operate both before and after the ceremony. Specialist advice may be needed for older documents or unusual provisions.

2. Consider registered relationships as well as marriage

Commencing a registered relationship is another event that can revoke a Will. The legislation contains its own contemplation-of-registration exception. Do not assume that living together, registering a relationship and marrying all have identical consequences.

For a useful review, set out the dates of any registration, marriage, separation and divorce. Bring relevant documents and explain whether another ceremony or registration is planned. The Legal Services Commission’s relationship guidance explains the main distinctions.

3. Look at the possible intestacy outcome

If no valid Will governs your estate when you die, intestacy rules determine its distribution. The result depends on your family circumstances and which assets form part of your estate. A surviving spouse does not necessarily inherit everything in every situation.

Ask what the default outcome would mean for your family. Would it match your intended support for a spouse, children or other people? Our South Australian intestacy article explains the issue in more detail. A conversation about intentions is more useful than an assumption that relatives will simply follow an earlier, revoked Will.

4. Plan expressly for second marriages and blended families

Start with practical needs rather than a preferred legal label. Does your partner need somewhere to live? Do children need immediate financial support? Is your intention that children ultimately receive a particular asset, or a share of what remains? Discuss these questions before choosing a structure.

Depending on the circumstances, advice may include an outright gift, a right to reside, a life interest or a testamentary trust. These arrangements have different effects, costs and administration requirements. For a housing arrangement, discuss repairs, insurance, mortgage payments, moving out, sale and replacement accommodation.

Our right-to-reside article explores the questions to raise. A carefully drafted Will can clarify intentions, but it cannot guarantee that no eligible person will make a family provision claim. Eligibility and the merits of a claim require individual assessment; see the Legal Services Commission’s family provision guidance.

5. Check the property title before relying on a gift in your Will

As a general rule, property held as joint tenants passes to the surviving joint tenant by survivorship. A tenant in common can generally dispose of their own share by Will. The words on the title therefore matter when considering an inheritance plan.

Ask your solicitor to check the registered ownership and any relevant interests or obligations. Do not change the title simply to match a general example: mortgage, financial, tax and family circumstances may need consideration. The official guide to forms of land ownership explains the distinction.

6. Review superannuation and insurance arrangements separately

Your Will does not automatically direct payment of your super death benefit. Generally, a fund may pay eligible dependants or your legal personal representative, subject to superannuation law and the fund’s rules. A payment to the estate is then dealt with through estate administration.

Obtain your current nomination and ask the fund whether it is binding or non-binding, whether it expires, and what must happen for it to remain valid. Review any associated insurance and, where relevant, pension arrangements. Do not assume a nomination changes automatically because your Will has changed.

Read the ATO’s superannuation death benefits guidance and our article on superannuation and Wills. Advice may need to address both the intended recipient and tax consequences; the right arrangement depends on your circumstances.

7. Choose who will manage the estate and any continuing trust

Consider the work involved in locating assets, dealing with institutions, paying liabilities and communicating with beneficiaries. An executor’s willingness, availability and ability to manage disagreement can matter as much as their relationship to you.

Ask who would act if your first choice died, lost capacity or declined the role. Where children and a new spouse may have different interests, discuss possible conflicts. If the Will creates an ongoing trust or housing arrangement, ask who should administer it and what support or professional assistance they may need.

8. Plan for incapacity as well as death

A Will operates after death. An enduring power of attorney addresses legal and financial decision-making during life, including incapacity, according to its terms. An Advance Care Directive addresses future health care, accommodation and personal matters when you cannot make the relevant decision yourself.

Marriage alone does not provide general authority for a spouse to manage all your legal and financial affairs. Review who is appointed, when authority starts, any limitations and what happens if the chosen person cannot act. Bring existing documents so their wording can be checked together.

See SA.GOV.AU’s planning-ahead guidance and our enduring power of attorney article for couples.

9. Treat separation and divorce as separate review triggers

Separation alone does not end a marriage for these succession rules. Divorce or annulment taking effect has different consequences. Section 19 generally revokes specified gifts and appointments involving a former spouse, subject to exceptions; it does not simply cancel the entire Will.

Seek advice when the relationship changes. Provide any relevant orders or agreements, and explain what you now want. Review beneficiary nominations and lifetime appointments separately rather than assuming every document follows the Will rules.

10. Complete the signing, storage and follow-up steps

Allow time for instructions, advice and proper execution. Marriage and estate planning can involve more than one appointment, particularly where there are competing family needs, business interests or interstate assets. Mention wedding dates, travel and any urgent concern when you first enquire.

After signing, confirm where originals will be kept and who should know their location. Record any remaining actions, such as obtaining confirmation from a fund. Make a short review list for future changes in relationships, children, assets, beneficiaries or decision-makers. A completed document is useful only if it can be found and still fits your needs.

Which document or arrangement does what?

A blended-family example: the home and the inheritance

Fictional example: Priya is marrying Daniel. Priya has adult children and wants Daniel to have stable accommodation, while the children eventually inherit her interest in the home. She initially asks for a simple sentence in her Will.

The review needs to establish how the home is owned, what liabilities exist and whether Priya’s interest would form part of her estate. It also needs to address Daniel’s housing needs, the children’s expectations, available cash and who would manage any ongoing arrangement.

Useful questions include: who pays for repairs, what happens if Daniel wants to move, and can the property be sold? This example illustrates the issues to discuss. It does not establish that one particular structure will work for every second marriage.

Your marriage and estate planning appointment action plan

1. Gather the documents: your Will and codicils, property information, super nominations, powers of attorney, Advance Care Directive and relevant agreements or orders.
2. Write a short family timeline: include the proposed wedding and relevant earlier relationship dates.
3. Describe the outcome: list whom you want to provide for, any housing concerns and any specific inheritance intentions.
4. List practical constraints: note debts, business interests, interstate assets, urgent deadlines and unavailable documents.
5. Confirm the work: ask what needs review, which documents will be prepared, the costs and the steps remaining after signing.

You do not need to solve every issue before booking. A clear outline allows the solicitor to identify what further information is needed. Ask how to provide documents securely.

Marriage and estate planning FAQs

Does marriage revoke a Will in South Australia?

Usually, yes. Marriage generally revokes an existing Will. An important exception applies where the Will is expressed to be made in contemplation of the marriage concerned. Have the actual wording reviewed before relying on that exception.

Should we review our Wills before or after the wedding?

Arrange the review before the wedding where possible. Explain the intended marriage and ask how the new Will will operate before and after the ceremony. If you are already married, provide the marriage date and existing documents promptly.

Does a registered relationship affect a Will?

Commencing a registered relationship can also revoke a Will in South Australia. A separate exception applies to a Will expressed to be made in contemplation of the registration concerned. Give your solicitor the registration date and documents.

Does separation remove my spouse from my Will?

Separation alone does not end a marriage for these succession rules. Do not assume your spouse’s gifts or appointment as executor have been removed. Seek a review when you separate rather than waiting for a divorce.

Can I leave my share of a jointly owned house to my children?

The ownership structure matters. A joint tenant’s interest generally passes to the surviving joint tenant, while a tenant in common can generally leave their share by Will. Have the title checked before choosing a Will arrangement.

Does updating my Will also update my super beneficiary?

No. Review your fund’s beneficiary nomination separately. Super does not automatically follow a Will; it can form part of the estate if paid to the legal personal representative. Ask the fund about eligibility, nomination validity and its current rules.

How can I plan for a second spouse and children from an earlier relationship?

Discuss housing, living expenses, inheritance timing, property ownership and the assets available. A solicitor can advise on suitable arrangements, including whether a right to reside or trust is appropriate. There is no single arrangement that suits every blended family.

Can we use one document for our Wills and powers of attorney?

These documents perform different jobs. Each person needs suitable arrangements for their own estate and lifetime decisions. Review Wills, enduring powers of attorney and Advance Care Directives together, while keeping their purposes and signing requirements clear.

Watch the related PA Law video

Official sources

• Succession Act 2023 (SA): sections 3, 18 and 19, and Parts 5 and 6.
• Legal Services Commission SA: registered relationships, marriage and separation.
• Legal Services Commission SA: common forms of land ownership.
• Legal Services Commission SA: inadequate provision and family provision claims.
• Australian Taxation Office: superannuation death benefits.
• SA.GOV.AU: powers of attorney and planning ahead.

General information about South Australian law only, not legal, financial or tax advice. Your documents, family circumstances, assets and relevant dates need individual assessment. Different rules may apply to interstate or overseas connections.