What Makes A Will Valid

Introduction

Creating a valid will is crucial to ensure that your final wishes are carried out as intended. In Australia, there are specific requirements that must be met for a will to be considered legally valid. Understanding these requirements is essential to avoid any potential disputes or challenges to your will.

Requirements for a Valid Will

Capacity

One of the key requirements for a will to be valid is that the testator (the person making the will) must have the mental capacity to understand the nature and effect of the document they are creating. This means they must be of sound mind, memory, and understanding at the time of making the will.

Intention

The testator must have the intention to create a will and dispose of their assets in a particular manner. The will should clearly indicate the testator’s wishes regarding the distribution of their estate.

Signature and Witnesses

In South Australia, a will must be in writing, signed by the testator (or by someone else in the testator’s presence and at their direction), and witnessed by at least two people who are not beneficiaries under the will. The witnesses must also sign the will in the presence of the testator.

Revocation of Previous Wills

A valid will should contain a clause expressly revoking any previous wills and testamentary documents made by the testator. This ensures that the most recent will reflects the testator’s current wishes.

Frequently Asked Questions

Q: Can a will be considered valid if it is not in writing?

A: In South Australia, for a will to be legally valid, it must be in writing. Verbal wills are generally not recognised.

Q: What happens if a will is found to be invalid?

A: If a will is deemed invalid, the estate may be distributed according to the laws of intestacy, which determine how assets are distributed when there is no valid will in place.

Q: Can a will be contested after someone passes away?

A: Yes, a will can be challenged in court after the testator’s death. This is known as a will contest or a will dispute, and it may involve issues such as lack of capacity, undue influence, or improper execution of the will.

Contact Wright Street Lawyers for client-focused Advice

If you have questions about creating a valid will or need assistance with estate planning, probate, or any other legal matter related to family law or criminal defense, contact Wright Street Lawyers in Adelaide, South Australia. Our experienced team of lawyers is here to provide you with client-focused advice and representation tailored to your specific needs.

Call us at (08) 1234 5678 or email info@wrightstreetlawyers.com.au to schedule a consultation today.