In Australia, there are certain requirements that must be met for a will to be considered valid.
- The person making the will (the testator) must be at least 18 years old and have the capacity, this means that they must have the mental capacity to understand the nature and effect of their will and the property and people it affects.
- The will must be in writing. This means that it cannot be an oral or verbal will, as these types of wills are not legally binding in Australia.
- The will must be signed by the testator in the presence of at least two independent witnesses who are over the age of 18. These witnesses must also sign the will in the presence of the testator.
- The will should be dated, this is not a legal requirement, but it helps to prevent any confusion.
It is also important to note that a will can be revoked or changed at any time by the testator while they are still alive, as long as they follow the same requirements for making a valid will.
Contact us to discuss your Will drafting requirements today or call us on 1300 967 925.
