Will Advice
Generally, a Will should comply with the following formalities:
- The Will should be in writing. The Will can be in any language, although to avoid problems of translation and interpretation, it is desirable that it be written in English.
- It should be signed by the person making it. A signature includes a mark in the case of a blind or an illiterate person. It also includes, in exceptional circumstances, the signature of some other person at the direction of and in the presence of the person making the Will (the testator). It is advisable that the signature appears at the foot of each page and end of the Will.
- The Will should be dated when it is signed. When no date appears, it may be necessary for the witnesses (after the death) to swear an affidavit about the date on which it was signed. A Will takes effect from the date of the testator’s death, not from the date of signing. However, the date the Will is signed is important to ensure that it is the deceased’s last Will.
- The signature of the testator should be witnessed by two witnesses. The witnesses must sign after the testator has signed. One of the witnesses may also be the person who signed for the testator, or who helped the testator sign. Both witnesses must be present together at the time of signing by the testator. To avoid confusion, it is advisable for witnesses’ signatures to appear immediately below that of the testator. If these formalities are not complied with, the Will may not be valid.
Without a Will the wishes of the deceased are unknown and their estate is divided up in accordance with a set of rules called the Intestacy Rules and the deceased’s preferred person to handle the distribution (called an executor) is decided by the Supreme Court at much greater cost than having a properly prepared Will.
An outline of the formal requirements is set out on this page but if uncertain consult your solicitor.
Anyone who makes a Will or the Solicitor of anyone who makes a Will with that Solicitor.
It costs nothing to register your Will on the Australian Will Register.
Yes, but as the most recent Will revokes all former Wills you may wish to remove earlier documents.
This is a complex question that requires that you consult your solicitor.
Yes and you can upload a certified copy to the Australian Will Register™ without charge. However, before doing so consider consulting a solicitor to advise you in this process.
Yes at any time but once you do so it ordinarily revokes your previous Wills. Before doing so consider consulting a solicitor to advise you in this process.