The most common pitfalls relate to when a will has not properly been executed in accordance with section 8 of the Succession Act 2023.

Alterations made to a will after execution are ineffective. Any alterations may serve to invalidate the will for a simple common form application, unless the alteration is itself executed. The answer to this problem is a fresh will not an interlineation: Succession Act 2023 (SA) section 16. 

Sometimes a change seems minor and the temptation will be to simply strike out a name, clause or gift rather than go to the effort of re-executing a will (usually at full cost with the solicitor).

However, even if it is a simple as a switch of beneficiaries or executors, or if someone receiving gift has died, or if a person has given a gift to a different person during their lifetime, to strike out a will or make alterations will likely cause the will to become non-compliant with the requirements in the Succession Act. This will cause significantly more cost and effort when the testator dies compared with leaving the will alone, or re-executing it in accordance with the requirements.

A will prepared by a beneficiary, or one made by a testator of doubtful capacity, invites the suspicion that the person did not have capacity, or did not approve or have knowledge of the contents of the will. If dementia or Alzheimer’s is listed as as a condition present at a persons death, and that diagnosis predates the will, it will likely cause issues for a grant of probate.

In the case of doubtful capacity and independent advice and medical evidence should be arranged in the form of a doctors letter or report.

Incorrect spelling of executor or testator names can also cause issues with a probate application that need to be addressed either by issuing the grant in the correct name, or with the executor filing additional affidavits to explain they are the person referred to in the will.