What makes a 'valid' will?

A valid will is one that has been accepted by a Court and put into effect by a grant of probate.

To be valid your will must be:

• In writing – this includes handwritten, typed or printed;
• Signed – ideally your signature should be at the end of the will;
• Witnessed – two witnesses must be present when you sign your will or acknowledge it and they, too, must sign in your presence, but they do not have to be present together at the time they sign.

If your will is not made in this manner it may not be enforceable; the Court has the power to grant or not grant probate (confirm that the will is valid) and your property could be disposed of as if you had not made a will.

In exercising this power, the Court needs to be satisfied that the document sets out how you want your assets to be distributed.

The team at G&B Lawyers can assist you in preparing your will (whether it be drafting a fresh one or an update).

 

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

GPO Box 1849, Sydney, NSW 2001