What are the requirements for a valid will?

The formal requirements in order to make a will are set out in Chapter 2 of the Succession Act 2006.

The first requirement is that the person making the will (called the testator) must not be a minor, being a person who is under the age of 18. The will must also be made by a person who does not lack the testamentary capacity, which is the subject of another article.

The second requirement is that the will must be in writing. It may be in any language or written on any document, but it must be in writing.

The third requirement is that the will must be signed by the testator, or by some other person in the presence of and at the direction of the testator. If the will consists of more than 1 page then all pages should be signed to avoid a contest as to whether all pages should be regarded as part of the will.

The fourth requirement is that the will must be signed in the presence of at least 2 witnesses at the same time, and at least 2 of those witnesses must attest and sign the will in the presence of the testator.

The final requirement is that the signature of the testator (or the person signing the will in the presence and at the direction of the testator) must be made with the intention of executing the will.

A solicitor will ensure these formal requirements are met so as to ensure the will is legally valid.

If a will fails to meet one or more of these formal requirements then the document may still be valid if the Court dispenses with the formal requirements in accordance with section 8 of the Succession Act 2006.

Although making a will can be a straightforward process it is important to seek qualified advice to ensure the will is valid and reflects your testamentary intentions. If you have not made a will, or need your will updated then get in touch with your nearest Prime Lawyers office to make an appointment to meet with one of our team.

We have wills and probate lawyers located in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.