The commencement of the Succession Act on 1 January 2025 marks the final stage of the reforms, which have been developed through years of extensive analysis and consultation with the legal profession and other key stakeholders.

The new laws will govern every main aspect of succession law – including making a will, laws around probate and administration, intestacy, the administration of deceased estates and claims for family provision.

Changes to the laws include:

• Ensuring the wishes of a testator are the primary consideration of the Court when deciding claims for family provision, as well as tightening the rules around who is automatically entitled to make a claim against an estate.
• Greater powers to the Court in probate and administration – to allow the Court to replace an executor or administrator who is not fulfilling their duties, and to order an executor or administrator to compensate an estate that has suffered loss due to a failure of the executor or administrator in their duties;
• Allowing the Court to require a legally binding undertaking from an executor or administrator as to how the estate will be administered; and
• Simpler, modern language around the laws governing will making that enshrine the rights of certain people to inspect the will.