NOTE: Due to COVID-19 social distancing the requirements for Wills has changed. Please call our office to check on the latest requirements for valid Wills. Phone 02 4954 8666
Making a Will should be easy but there are important requirements that we can help you with.
To ensure a Will is valid in NSW certain legal requirements must be met. If the requirements are not met then a Will is not valid and the estate will be dealt with as if there is no Will.
The requirements for a valid Will are:
- It must be in writing (whether handwritten, typed or printed);
- It must be signed by the person making the Will; and
- Your signature must be witnessed by two other people who also need to sign the will.
- Also, you must have “testamentary capacity”. This means you must know the legal effect of the Will, you must know the extent of your assets, you must be aware of the people who would normally benefit from your estate and you must not be prevented from reaching normal decisions about who will benefit your will, eg mental illness of mental disease.
Professional Will makers such Dawson & Gardiner Solicitors will make sure that these requirements are met. They will explain “testamentary capacity” and make sure that your Will is drafted in such a manner that it will be easily understood by all beneficiaries. We will also provide impartial witnesses and provide a safe place to store your Will.
We are also able to advise you on estate planning and what should happen if someone contests a Will.
If you have any questions about making or changing a Will please phone 02 4954 8666