Watch “Is Your Will Public After Probate in South Australia?” on YouTube

Plain-English summary

Many people expect their will to remain private. In South Australia, however, once the Court issues a grant of probate, the grant and the will—and any codicils attached to it—generally become publicly accessible court documents.

For that reason, a will should focus on the legal provisions needed to carry out the estate plan. Personal explanations or sensitive comments may be better recorded separately, where appropriate, after obtaining legal advice.

Video transcript

00:02 — Is your will private after probate?

00:05 — Many people assume that their will will always remain private, but this is not necessarily the case in South Australia.

00:10 — Once a grant of probate is issued, the grant, the will and any codicils generally become public documents. This means members of the public can search for the grant through Courts SA and, where available, download a copy.

00:29 — This is important to remember when preparing your will.

00:32 — Personal explanations and other sensitive information may be better kept in your solicitor’s confidential file or, where appropriate, recorded in a separate letter of wishes.

00:44 — Your will should contain the provisions needed to carry out your estate plan, without including unnecessary private comments.

00:53 — For advice about preparing or reviewing a will in South Australia, contact PA Law today.

What should you include in your will?

Your will should clearly record the legally effective instructions needed for your estate plan. Before adding sensitive family history, explanations or personal comments, consider whether those matters need to appear in a document that could later become accessible after probate.

A separate letter of wishes may be suitable for some non-binding personal guidance, but whether it is appropriate depends on your circumstances. Obtain advice before deciding how to record sensitive information.

Is your will private after probate? Common questions

Can someone obtain a copy after the grant?

Courts SA explains that an issued grant is a public document, including the will and any codicils. See the Court’s guidance on downloading a grant for the search process and availability of records.

Does this mean every will is already public?

No. This guide concerns documents after a grant has issued. It does not mean every signed will is publicly available during the will-maker’s lifetime. Ask for advice if you need to understand access to a particular document.

Will a separate letter always remain confidential?

Do not assume a separate document is guaranteed to remain confidential. Discuss what you want to record, why it matters and how it may be used. A letter of wishes should not be treated as a replacement for legally effective provisions in a will.

Preparing questions for a wills appointment

Before an appointment, list the instructions you want your will to carry out and any sensitive explanation you are considering adding. Bring your existing will if you have one. Explain changes in your family or assets, and ask how to record your intentions clearly.

If you are dealing with someone else’s estate, explain whether you are the executor or another interested person and whether probate has been granted. PA Law can discuss the advice suited to your role. For the wider process, read our estate administration services.

Need help preparing or reviewing a will?

PA Law can provide advice about wills, probate and deceased estate administration in South Australia. Contact us to discuss your circumstances.

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Discuss your next step with PA Law

Based in Evanston South, PA Law assists clients in Gawler, Adelaide and across South Australia. Appointments, including telephone and Microsoft Teams consultations where appropriate, are by arrangement.

Tell us which video prompted your enquiry, what you need help with and any deadline. Request an appointment or call 0431 614 696. Learn about PA Law and Principal Solicitor Manal Amro.