How to Write a Legally Valid Will in Australia


Wills are an essential part of estate planning, detailing how you would like your assets (including property, investments and cash) distributed and who will care for any children or dependents after your death as well as what funerary arrangements you wish for. However, any Will must comply with legal standards in order for it to be valid – failing to do so could result in unintended consequences or expensive legal disputes.

While creating a Will may be straightforward, it’s crucial that all aspects are considered and your wishes accurately reflected in it. Even seemingly minor errors such as missing signatures or inappropriate wording could have serious ramifications in the future, so seeking professional assistance is recommended for making sure that your Will complies with all formal requirements as well as clearly expresses your intentions.

At its core, a Will must be written. It should then be signed and witnessed by two independent adults over 18 who will attest to whether the testator made decisions freely and under duress when allocating assets to beneficiaries. It’s also essential that witnesses who do not benefit under your Will be independent as this ensures your decision-making remains impartial and without pressure or coercion from family members or creditors.

As part of your estate plan, it’s also crucial that you choose an executor – someone responsible for applying for probate and administering its assets – who you trust and has enough administrative capacity. Selecting two executors would also be wise in case your first choice passes away or declines acting.

Final Step: It is also vital that your Will is reviewed periodically, particularly as circumstances like marriage, divorce, the birth of children or purchasing real estate change your priorities and may have a profound effect on how your estate is distributed. In such instances it would generally be wiser to create a new Will than update an old one.

As well as creating a Will, it is advisable to also create documents such as power of attorneys and medical treatment decision-makers. A power of attorney gives someone you nominate the authority to make financial and lifestyle decisions on your behalf if you become incapacitated; while medical treatment decision-makers allow you to select who will make health care decisions if unable.

John Anderson’s estate case highlights the significance of writing an effective Will, meeting all legal requirements and clearly communicating your intentions. By taking time to carefully consider your assets and create a legally binding document you’ll save your loved ones from confusion, costly legal challenges and emotional distress in the future. While The Law Handbook offers a simple Will template, for those with complex estate issues it is highly advised that professional guidance be sought prior to writing their Wills.

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