Who can access a Will in South Australia? Section 48 Explained
Posted on April 02, 2026
The Succession Act 2023 (SA) governs Wills, Administration of deceased estates and claims for Family Provision. It commenced on 1 January 2025 and applies to South Australia.
The Act sets out who can obtain a copy of, or inspect, a Will of a deceased person.
When it came into effect, this provision brought South Australia in line with most other Australian states.
Many people consider that their Will is and should remain a relatively private document.
Previously, if a beneficiary or interested person wanted to obtain a copy of a deceased person’s Will, the executor was under no obligation to provide it. Once the Will was admitted to Probate, it was available to other lawyers through the Court, or an interested person could apply to the Court to access a copy.
Now, under section 48 of the Succession Act 2023, any person “who has possession or control of a Will of a deceased person” must allow any of the following persons to inspect or be given copies of the Will (or both):
(a) a person named or referred to in the will (whether as a beneficiary or not);
(b) a person named or referred to in an earlier will as a beneficiary of the deceased person;
(c) the surviving spouse, domestic partner or child or stepchild of the deceased person;
(d) a former spouse or domestic partner of the deceased;
(e) a parent or guardian of the deceased person;
(f) a person who would be entitled to a share of the estate of the deceased person if the deceased person had died intestate;
(g) a parent or guardian of a minor referred to in the will or who would be entitled to a share of the estate of the testator if the testator had died intestate;
(h) a person committed with the management of the deceased person's estate under the Guardianship and Administration Act 1993 immediately before the death of the deceased person.
For the purpose of this section 48, a “Will” includes:
- a revoked will,
- a document purporting to be a will,
- a part of a will and
- a copy of a will.
The range of persons able to request access to a Will, once the Willmaker has died, including any previous Will made by the deceased, is extensive and includes anyone named or referred to in any Will the deceased might have made.
Whilst lawyers are often the logical point of contact for someone seeking a copy of a Will there are a range of other professionals who will be affected by and obliged to comply with this section of the Act.
Accountants and financial planners are trusted advisors to their clients. Clients may give them a copy of their Will, in paper or electronic form and, if the client is longstanding, they may hold revoked documents. Revoked documents might be sought when the Willmaker’s capacity is in question, allegations of duress in the making of a Will arise, or a claim for Family Provision is made.
If you are holding a copy of your client’s Will, or intend to, it would be prudent to bring this provision of the Succession Act 2023 to their attention.
Lynch Meyer lawyers have over 70 years of experience working with our clients and their specialist advisors in personal and business succession planning. We have the knowledge and skills to provide practical guidance and protection that meets the needs of our clients, whether they have simple asset holdings or complex business structures with international operations.
If you would like to discuss how we can help you to secure the best outcomes for your clients, please speak to our Wills and Estates team by calling 8223 7600.
