Publications, Guidelines and Resources

The Online Resources Hub brings publications, guidelines, articles and other resources from across the Law Society Website to one centralised and searchable location. Searches can be made using the Common Searches buttons or by using your own search terms in the search bar.

If you have any resources that you would like to see added to the hub, please contact reception@lawsocietysa.asn.au.

Place a notice in InBrief

InBrief is a weekly newsletter distributed to all Members on Thursday afternoons and contains important notices about current issues, updates, upcoming events, renewals, calls for expressions of interest, employment opportunities, submissions, missing will notices and other relevant and current information for members of the profession. Please contact Elle Ashton on (08) 8229 0236 or via email publications@lawsocietysa.asn.au to get a notice included in InBrief. For more information about the requirements for a missing will notice, please visit Locating the Will of a Deceased Person | Law Society of South Australia.

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New Wills and Estates Risk Management Package
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Jul 1, 2019 – The Society has recently launched a suite of documents to assist practitioners engaging in Wills & Estates work
Conflicts of interest in Wills and Estate matters
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May 1, 2019 – The risk of conflict of interest is pervasive in wills & estates matters but will sometimes not be obvious. Practitioners should always give sufficient consideration to the possibility of conflicts arising, even in apparently simple situatio
Lessons for practitioners involved in wills and estates
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Nov 6, 2016 – The recent decisions of his Honour Justice Stanley of In the Estate of Istvan Molnar [2016] SASC 55 and In the Estate of Istvan Molnar (No. 2) [2016] SASC 159 provide much food for thought for practitioners who draft wills and act as executors, as el
Practitioner Pitfalls in the area of Wills and Estates
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Jun 6, 2012 – Claims arising from wills and estate work appear to be on the rise in Law Claims. This area ranks fourth highest of the total notifications received in the last policy year.
Are you absolutely sure you are paying the correct beneficiary the correct amount?
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Feb 1, 2017 – Several recent claims received at Law Claims have again underlined the crucial importance of being cautious and diligent in your everyday work. These claims, both against (different) practitioners administering deceased estates resulted from mistake
Critical cases that every wills and estates lawyer should know - part 2
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Dec 1, 2018 – The commencement of an IFP claim requires filing and personal service within 6 months from Probate. The manner of service must be actively monitored. A Summons in support of an application for an extension must be endorsed with the request fo
An executor's obligation to provide information to beneficiaries
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Jul 1, 2018 – My office received a large number of complaints involving deceased estates. There are many reasons for them.
Risks in dealing with assets of a deceased estate without a Grant
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Jul 1, 2018 – One of the fundamental duties of the legal personal representative of a deceased person is to get in the assets of the deceased. The assets may include, for example, monies on deposit with banks, monies lent by the deceased to third parties, and inte
Legal Practitioners as Executors
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Oct 6, 2011 – It is fairly common for a legal practitioner to be appointed as an executor of an estate. However, some legal practitioners are unsure about whether they can charge fees for carrying out executor duties and whether accounts in which estate moneys are
Powers of attorney
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Apr 30, 2023 – A Power of Attorney is a document which authorises another person to deal with many of your legal and financial affairs.
Wills Register
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Nov 24, 2023 – The Wills Register is an initiative of the Law Society's Succession Law Committee and the aim is to provide a secure centralised register containing the location of South Australian Wills. It allows legal practitioners to quickly track down lost Will
Disputing Testamentary Capacity in the 21st Century
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Feb 16, 2018 – Paper presented by the Honourable Chris Kourakis, Chief Justice of South Australia on Saturday, 17 February 2018. In South Australia, section 8 of the Wills Act 1936 (SA) outlines the statutory requirements for a valid will. In addition to the s
Assessing a client's capacity to make a Will - A lawyer's obligations
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Dec 1, 2017 – With people living longer, the issue relating to a client’s capacity to give instructions to make a Will has become a more prevalent problem. Legal practitioners are having to keep up with medical developments on cognitive disabilities to be comfo
Will your 440 dollar will go to the High Court
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Jul 6, 2016 – A recent High Court case highlights solicitors duties when drafting Wills.
Client Capacity Guidelines
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Nov 6, 2017 – The legal practitioner accepts a brief to carry out the instructions of his/her client to put in place their testamentary wishes. These instructions may involve not only putting in place a Will but may also involve putting in place other arrangemen
Risk Management Package - Wills and Estates
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Sep 16, 2020 – Checklists and templates for practitioners to assist manage risks
DIY Will Kits present a legal minefield
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Jan 1, 2012 – The public is being stung by do-it-yourself will kits that fail to meet legal benchmarks and result in costly court battles, lawyers say. Top family lawyers have reported a rise in inquiries from families who are sorting through the estate of loved
Why you need a will
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Apr 30, 2023 – Information for the community regarding the benefits of having a Will and why Wills are important.
Risk Management
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Sep 16, 2020 – Checklists and templates for practitioners to assist manage risks
Media Releases
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Dec 15, 2021 – Media Releases
Submissions
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Sep 24, 2015 – View all Law Society Submissions. To represent the interests of members and the wider community, the Law Society actively seeks to influence policy and legislation through submissions to government, opposition parties, the courts and other bodies eit
COVID-19 forcing legal profession to innovate
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Apr 30, 2023 –
COVID-19 GST at settlementMembers Only
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Apr 30, 2023 –
Advantages of Working in a Regional Firm
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Sep 18, 2015 – The best way to highlight the benefits of working in the country is to hear from country practitioners themselves.
Practice Management Directory
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Nov 14, 2019 – Links and resources for commencing and managing your practice