Wills & guardianships
About wills.
A will is a legal document outlining who inherits a person’s property and possessions after they die.
A will can be made by anyone in Australia who is at least 18 years old, and has the capacity to understand what is being signed.
- There are two main requirements that must be met for a will to be considered valid for people with disability. These include:
- The signatory must know and approve of the content of the will.
- The signatory must have testamentary capacity. This means that they should have knowledge of what a will is, a general understanding of the possessions and property being signed away, and the ability to consider the moral claims involved.
Wills cannot be made on behalf of another person.
If a person with a disability dies with an invalid or no will, then the intestacy laws apply.
About guardianships.
People’s rights and interests are protected by specific laws. People who do not have the capacity to make certain informed decisions, can appoint another person to make decision on their behalf.
A guardian must be over the age of 18 and cannot be a person in a paid, professional caring role known to the person with disability. Where there is no suitable person for this position, SACAT can appoint the Public Advocate as a guardian.
Guardians are substitute decision makers for health, accommodation, and personal/lifestyle decisions.
Find out more about wills and guardianships online at the Legal Services Commission of South Australia, lsc.sa.gov.au
Note: this document only provides general information and is not intended to be a substitute for legal advice.
