Wills & Succession
5. Rules for a Valid Will
Authors: Savage Julia
Firm / Chambers:
Last updated: 23 Aug 2015
- There are a few rules that apply to making a will. If they are not followed the will may be rendered invalid or may result in a partial intestacy. The rules are:
- the testator must be at least 18 years old;
- the will must be in writing;
- the testator’s signature must be witnessed by at least two witnesses who are not legally blind; and
- the witnesses must not be beneficiaries under the will or married to a beneficiary under the will.
- The rules do not say what the will needs to be written on and there have been cases where wills have been written on doors, wallpaper and furniture. However it is practical to write the will on standard paper because there is less likelihood of it being misplaced or destroyed.
- A witness to a will who is also a beneficiary is known as an ‘interested witness.’ This also applies to a witness who is married to a beneficiary under the will.
- The practical effect of this rule is that the beneficiary will forfeit their gift under the will.
- A witness to a will cannot be legally blind because the law states that the witness must actually see the testator signing the will.
View more Information on Wills & Estates