2025 Succession and Care Law Update

2025 Succession and Care Law Update: What the Changes Mean for You

In 2025, significant legal reforms were introduced across Australia affecting succession law, aged care decision-making, and end-of-life planning. These changes have practical implications for individuals, families, and those responsible for making decisions on behalf of others.

At Solari and Stock, we understand that navigating these developments can feel overwhelming. Below is a summary of the key reforms and why now is an important time to review your estate planning and care arrangements.

South Australia: Succession Act 2023 (SA)

Commencing on 1 January 2025, the Succession Act 2023 (SA) represents the most substantial overhaul of South Australian succession law in decades. The Act consolidates several existing laws into a single, modern framework governing wills, probate and administration, intestacy, and family provision claims.

Key changes include:

• Greater transparency, with certain eligible persons now able to inspect a will before a grant of probate is issued.
• A reformed family provision regime, placing increased weight on the deceased’s intentions while still allowing the court to intervene where appropriate.
• Updated intestacy rules, including an increased preferential entitlement for a surviving spouse or domestic partner and clearer outcomes where no close relatives exist.
• Stronger powers over estate administration, enabling courts to supervise personal representatives more closely and order compensation where duties are not met.
• Simplified administration for smaller estates, reducing delays and unnecessary costs.

These reforms aim to reduce uncertainty, streamline estate administration, and better reflect the wishes of the deceased.

Commonwealth: Aged Care Act 2024 (Cth) and Aged Care Rules 2025 (Cth)

The Aged Care Act 2024 (Cth) commenced in November 2025, replacing the long-standing 1997 framework. The new legislation introduces a rights-based, person-centred approach, informed by the findings of the Royal Commission into Aged Care Quality and Safety.

The Act is supported by the Aged Care Rules 2025 (Cth), which set out detailed operational requirements, including:

• Entry into the aged care system and provider registration
• Rights and responsibilities of providers, workers, and older people
• Funding arrangements, means testing, and accommodation payments
• Governance, regulatory oversight, and review mechanisms

For individuals entering aged care—or those acting as attorneys or decision-makers—these reforms directly affect care planning, contractual arrangements, and the interaction between enduring powers of attorney, financial assessments, and service delivery.

Australian Capital Territory: Voluntary Assisted Dying Act 2024 (ACT)

From 3 November 2025, the Voluntary Assisted Dying Act 2024 (ACT) came into effect. The framework allows eligible adults with a terminal illness to access voluntary assisted dying, subject to strict safeguards. These include multiple independent assessments, capacity requirements, informed consent, and robust oversight to protect vulnerable individuals while respecting personal autonomy.

What Should You Do Now?

These reforms highlight the importance of reviewing:

• Your will and estate plan, particularly if you have assets in South Australia or a blended family
• Enduring powers of attorney and guardianship arrangements
• Aged care planning and agreements, including financial implications
• End-of-life documentation and advice, where relevant

How Solari and Stock Can Help

Our Wills & Estates team are experienced in guiding clients through these changes with clear, practical advice tailored to their circumstances.

If you would like to review your estate plan or discuss how these reforms may affect you or your family, please contact Solari and Stock to arrange an appointment on 8525 2700 or click on the Book Now button to request an appointment. Early advice can provide certainty, protect your wishes, and give you peace of mind.