Review of South Australian rules of Intestacy

In December 2015, the South Australian Law Reform Institute released an Issues Paper calling for public submissions on the current South Australian rules of intestacy.

The review was initiated by the SA Attorney-General, the Hon John Rau MP, as part of a wider review of succession laws in South Australia. This Issues Paper is the fourth paper in that series.

This paper looks at a number of issues relating to intestacy including distribution, disclaimed interests, stamp duty, survivorship, superannuation, gifts to be brought into hotchpot, vesting of minors’ shares and the intestacy of Indigenous persons, among others.

The Institute is canvassing the views of South Australia’s legal profession, professionals involved in estate administration and the general public, and invites you to provide your views on the questions raised in the paper.

We know that many legal and other practitioners, owing to demands of work, may not have the time to read the whole Issues Paper and submit a traditional written submission covering each point. It may be that a particular part is of interest and so any feedback you can provide on any of the issues and questions raised in the Issues Paper would be much appreciated.

The Issues Paper and information about how to make a submission can be found on the SALRI web page: under ‘Current Projects’. A Questionnaire (word doc) is also available for download to assist in formulating your responses. The closing date for submissions is Friday 27 May 2016.

If you have any questions about the Paper or how to respond to it, please contact the Institute’s Deputy Director and principal researcher, Dr David Plater, on 8313 0921 or by email at

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