What are the requirements for a valid Will?

Jul 14, 2022 | Publication | 0 comments

There are numerous requirements for a valid Will.

Some of these requirements under the law in New South Wales are dealt with in this article.

Section 6 of the Succession Act 2006 (NSW) (the Act) provides that a Will is not valid unless:

1                     It is in writing and signed by the testator or some other person in the presence of and at the direction of the testator;

2                     The signature is made or acknowledged by the testator in the presence of 2 or more witnesses present at the same time; and

3                     At least 2 of those witnesses attest and sign the Will in the presence of the testator (but not necessarily in the presence of each other).

The signature of the testator or of the other person signing in the presence and at the direction of the testator must be made with the intention of executing the Will, but it is not essential that the signature be at the foot of the Will.

Section 8 of the Act enables the Court to dispense with the requirements for execution, alteration or revocation of Wills.

This section applies to a document or part of a document that:

1                     Purports to state the testamentary intentions of a deceased person; and

2                     Has not been executed in accordance with the relevant part of the Act.

To obtain legal advice or representation in relation to a Will, please contact McAuley Lawyers on (02) 9633 1826 or emailreception@mcauleylawyers.com.au

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