{"id":"succession-regulations-2024","name":"Succession Regulations 2024","slug":"succession-regulations-2024","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237428,"registerId":"sa-succession-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Succession Regulations 2024","content":"South Australia\nSuccession Regulations 2024\nunder the Succession Act 2023\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tProvision of statement and account (section 92)\n5\tInterest on estate held by administrator (section 96(3))\n6\tInterest on legacies (section 99)\n7\tElection by spouse or domestic partner (section 102)\n8\tDispute as to division of personal goods (section 106(3))\n9\tPrescribed agreements (section 115(2))\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Succession Regulations 2024.\n2—Commencement\nThese regulations come into operation on the day on which the Succession Act 2023 comes into operation.\n3—Interpretation\nIn these regulations—\nAct means the Succession Act 2023.\n4—Provision of statement and account (section 92)\nA fee prescribed for the purposes of section 92 of the Act in relation to the provision of a statement and account may be paid by the administrator from the estate in relation to which the statement and account have been prepared.\n5—Interest on estate held by administrator (section 96(3))\nFor the purposes of section 96(3) of the Act, the prescribed rate in relation to a sum of money is—\n\t(a)\tthe Reserve Bank of Australia Cash Rate Target, as published on the Reserve Bank of Australia website; or\n\t(b)\tif the administrator has earned interest on the money—the actual rate of interest earned on the sum of money,\nwhichever is the greater.\n6—Interest on legacies (section 99)\nFor the purposes of section 99 of the Act, the prescribed rate is—\n\t(a)\tthe Reserve Bank of Australia Cash Rate Target, as published on the Reserve Bank of Australia website; or\n\t(b)\tif the administrator has earned interest on such amount of the legacy as remains unpaid—the actual rate of interest earned on the unpaid legacy,\nwhichever is the greater.\n7—Election by spouse or domestic partner (section 102)\n\t(1)\tA notice given by an administrator under section 102(2)(b) of the Act must be in writing and must include the following:\n\t(a)\tthe land title reference and street or location address of the dwelling;\n\t(b)\ta description of the nature and extent of the legal interest that may be acquired by the spouse or the domestic partner;\n\t(c)\tthe value of such legal interest in the dwelling as at the date of the intestate's death—\n\t(i)\tif a valuation of the dwelling has been obtained for the purposes of section 102(8) of the Act—as determined with respect to that valuation; or\n\t(ii)\tin any other case—as disclosed for the purposes of obtaining the grant of administration;\n\t(d)\ta statement informing the spouse or domestic partner—\n\t(i)\tof their entitlement to elect to acquire that interest under section 102(2)(b) of the Act; and\n\t(ii)\tof the requirement for them make that election within 3 months from the date of service of the notice or within such longer period as the Court may allow.\n\t(2)\tA notice of election given by a spouse or domestic partner under section 102(5) of the Act must be in writing and must include the following:\n\t(a)\tinformation establishing the entitlement of the spouse (by providing details of the lawful marriage to the intestate) or domestic partner (by providing details of the declaration made under the Family Relationships Act 1975 or by providing a copy of the certificate issued by the Registrar of Births Deaths and Marriages under section 21 of the Relationships Register Act 2016);\n\t(b)\tevidence that the spouse or domestic partner was residing in the dwelling at the date of death of the intestate;\n\t(c)\ta statement indicating that they are electing to acquire the interest in the dwelling and specifying the amount to be paid for that acquisition.\n\t(3)\tA notice of revocation given under section 102(5) of the Act must be in writing and must include a statement indicating that the spouse or domestic partner is revoking a notice of election given in relation to a specified dwelling.\n8—Dispute as to division of personal goods (section 106(3))\nA notice given by an administrator under section 106(3) of the Act must be in writing and must include the following:\n\t(a)\tdetails of the personal goods of the intestate that are in dispute between the spouse and the domestic partner and, if known by the administrator, the value of the goods;\n\t(b)\ta statement informing the spouse and domestic partner that, unless they agree to the division of the disputed personal goods of the intestate within 3 months from the date of service of the notice, the administrator will sell the disputed goods by way of public auction (at which the spouse or domestic partner may bid on the goods, if they so choose) and divide the net proceeds of sale equally between the spouse and the domestic partner;\n\t(c)\teither—\n\t(i)\tdetails of the date and location of any public auction at which the goods may be offered for sale if no agreement is reached as to the division of the goods; or\n\t(ii)\tan undertaking by the administrator to notify the spouse and domestic partner of such details at a later time if no agreement is reached as to the division of the goods.\n9—Prescribed agreements (section 115(2))\nFor the purposes of section 115(2) of the Act, a valid financial agreement (within the meaning of the Family Law Act 1975 of the Commonwealth) between the deceased person and the former spouse or former domestic partner entered into on or after 1 January 2025 that, immediately before the death of the deceased person, was binding on the parties is an agreement of a prescribed kind.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2024\n114\nGazette 5.12.2024 p4553 \n1.1.2025: r 2\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: operationalising specific sections of the Succession Act 2023. Each regulation directly corresponds to a section reference in the parent Act (sections 92, 96, 99, 102, 106, and 115), indicating disciplined subordinate legislation without scope creep."},"complexity_factors":["Only 9 substantive provisions plus short title, commencement and interpretation","Minimal defined terms — only 'Act' is defined in regulation 3","Straightforward conditional logic (whichever is greater comparisons in regulations 5 and 6)","Simple list structures for notice requirements (regulations 7 and 8)","No nested exceptions or complex cross-referencing beyond direct section references to the parent Act","Single jurisdictional application (South Australia only)","Clear prescriptive approach — mostly 'must include' lists rather than discretionary provisions"],"plain_english_summary":"**What this is:** These are regulations made under South Australia's new Succession Act 2023. Regulations are detailed rules that flesh out how a main Act works in practice.\n\n**Who it affects:**\n- **Executors and administrators** — people managing deceased estates\n- **Spouses and domestic partners** of people who die without a will (called \"intestate\")\n- **Beneficiaries** waiting to receive their inheritance\n\n**What it does:**\n\n**Money matters:**\n- Sets interest rates that apply to estate money held by administrators. The rate is whichever is higher: the Reserve Bank cash rate, or the actual interest the estate earned.\n- Same rule applies to unpaid legacies (specific gifts of money in a will).\n- Allows administrators to pay certain fees for estate accounting from the estate itself.\n\n**Home ownership rights:**\n- When someone dies without a will, their spouse or domestic partner can choose to buy the family home instead of taking their share as cash.\n- These rules specify exactly what information must be in the notice from the administrator (land title details, property value, the 3-month deadline to decide).\n- Also sets out what the spouse/partner must include in their election notice (proof of relationship, proof they lived there, and the price they'll pay).\n\n**Disputes over personal belongings:**\n- If a deceased person's spouse and domestic partner both want the same items (like furniture or jewellery), the administrator sends a formal notice.\n- If they can't agree within 3 months, the items get sold at public auction and the money split 50/50.\n\n**Financial agreements:**\n- Recognises binding financial agreements made under Commonwealth family law (from 1 January 2025 onwards) as valid for succession purposes — these are pre-nup style agreements that can affect inheritance claims.\n\n**Why it matters:** This fills in practical gaps the main Act left open. Without these rules, administrators wouldn't know what interest rate to pay beneficiaries, spouses wouldn't know how to formally elect to keep the family home, and disputes over personal items could drag on indefinitely."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations do not expand or narrow who is covered by the Succession Act 2023. They implement procedural and financial details for administration of estates: permitting payment of a statement fee from the estate (reg 4), prescribing interest calculation methods (regs 5–6), setting mandatory notice contents and timeframes for spouse/domestic partner elections and goods disputes (regs 7–8), and specifying a class of recognised financial agreements (reg 9)."},"complexity_factors":["Multiple operational prescriptions (notice content, valuations, auction procedures) increase compliance detail (see regs 4,7,8).","Interest rate rule ties calculations to a moving external benchmark (RBA Cash Rate Target) or actual earned interest, requiring ongoing rate checks and record-keeping (regs 5–6).","Interaction with court discretion for extending election periods introduces case-by-case variability (reg 7(1)(d)(ii) referencing Court power).","Recognition of specified financial agreements from a future date requires administrators to check agreement date and binding status (reg 9).","Cross-references to the Succession Act for substantive effects mean administrators must read both instruments together (multiple regs reference Act sections)."],"plain_english_summary":"**These regulations set the practical rules administrators must follow under the Succession Act 2023.** They allow certain estate administration fees to be paid from the estate, prescribe how interest on estate monies and unpaid legacies is calculated, fix required content and timelines for spouse/domestic partner election and dispute notices, and identify a class of recognised financial agreements. Administrators, spouses/domestic partners, beneficiaries and the Court are affected because the regulations change payment rules, notice content, deadlines (generally 3 months) and the interest benchmark."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The document retrieved is an error page from the South Australian legislation website, not the Succession Regulations 2024 themselves."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual instrument","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"This instrument would set out the practical rules implementing South Australia’s succession law—procedures, forms, fees and timeframes that govern how wills and estates are administered. It affects anyone making a will, named executors or administrators, practitioners and courts handling deceased estates, because it dictates everyday compliance and procedural requirements."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/succession-regulations-2024","history":"/api/acts/succession-regulations-2024/history","analysis":"/api/acts/succession-regulations-2024/analysis","conflicts":"/api/acts/succession-regulations-2024/conflicts","importantCases":"/api/acts/succession-regulations-2024/important-cases","documents":"/api/acts/succession-regulations-2024/documents"}}