Post-it notes and inheritance in South Australia
A ring worn every day. A painting that has always hung in the hallway. The table where the family gathered for birthdays. When someone dies, belongings like these can carry a meaning that has little to do with their sale price.
Recent reporting on “Post-it note inheritance” describes families labelling possessions with the names of the people who hope to receive them. The article discusses US cases, but it raises a useful question for South Australians: how do you make clear who should inherit your treasured belongings?
Our advice is clear: no sticky notes, separate lists or notebooks. If you want a particular person to inherit a particular item, put that gift in your Will.
Why informal arrangements can lead to disagreement
Imagine a daughter putting her name on a cabinet after a conversation with her mother. Years later, another family member recalls being promised the same cabinet, while the Will deals with household belongings differently.
The label leaves questions unanswered. Who wrote it? Did the owner agree? Was it a firm decision or simply an expression of interest? Did their wishes later change?
For someone who associates an object with a loved one, a disagreement about who receives it can feel deeply personal. Resolving the dispute can cost tens of thousands of dollars in legal fees, far exceeding the value of the item itself. The uncertainty and pain can also damage family relationships at an already difficult time.
The South Australian position
A Will must generally be in writing and meet the signing and witnessing requirements of section 8 of the Succession Act 2023 (SA). Have your lawyer oversee the process, using two adult witnesses.
Under section 11(2), the Court can admit an informal document to probate if satisfied that it expresses the deceased’s testamentary intentions and that the deceased intended it to constitute their Will.
A handwritten note is therefore not automatically ineffective. Equally, a name on an item does not automatically establish an inheritance entitlement. Seeking to have an informal document recognised as a Will requires a court application and supporting evidence, adding cost and delay. There is no guarantee that the application will succeed.
The possibility that a court might accept an informal document is no reason to rely on one. Put specific gifts in your Will and have changes properly prepared and signed.
How to plan for treasured belongings
Start by identifying the items that matter to you and the people you would like to receive them. Bring those details to your estate planning appointment. Useful points to discuss include:
Specific gifts in your Will. Clearly identify the item and recipient, and consider a substitute recipient if that person dies before you.
Clear descriptions in the Will. Distinguish similar pieces of jewellery, artworks or furniture so your executor can identify exactly which item you mean.
The remaining belongings. Your Will should provide a workable process for sharing items not individually gifted, including what should happen if beneficiaries cannot agree.
Changes over time. Arrange to review your Will if you sell or give away an item gifted in it, change your mind about a recipient, or want to revise your arrangements.
Conversations can help you understand what your family values, but the decisions remain yours. If you intend to give something away during your lifetime, seek advice about completing and recording that gift, rather than leaving uncertainty about whether it was meant to pass on death.
If you are an executor and find conflicting notes
Photograph the notes where you find them before moving them, then preserve the originals. Store them securely alongside the original Will, without stapling, clipping or attaching them to it. Make an inventory and secure valuable or disputed belongings. Do not discard a note because it looks informal or distribute an item solely because someone’s name is attached to it.
Executors must administer the estate lawfully. Seek advice from Varga Lawyers before distributing any affected items, as the notes may need to be considered in the probate process. Keep clear records of your decisions and any distributions.
Planning with Varga Lawyers
You do not need to arrive at your appointment with every decision made. Bring your existing Will and details of the belongings that matter to you. We can help you work through the options and record the gifts clearly in your Will.
Varga Lawyers specialises in Wills and estate planning, estate administration and Will disputes, with offices in Adelaide and Modbury. To arrange an appointment, visit varga.com.au/contact or call (08) 8212 2135.
This article provides general information about South Australian law as at 8 October 2026. It is not legal advice. Advice about your circumstances is essential.
By Varga Lawyers | Wills + Estates
