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Wills & Succession
6. Clauses in a Will
Authors: Savage Julia
Firm / Chambers:
Last updated: 24 Aug 2015
- There are no rules that dictate how a will must be set out. However most wills set out in a similar way as follows:
- a paragraph at the beginning identifies the testator including their address and occupation at the time of making the will;
- there is a clause that revokes all previous testamentary acts including:
- wills;
- codicils; and
- will-like statements;
- a clause appoints at least one executor;
- clauses that allocate gifts to named beneficiaries;
- a clause containing the executor’s powers to deal with the testator’s property; and
- a signing clause where the testator signs the will and has their signature witnessed by at least two witnesses. This clause should document the names and addresses of each of the witnesses for the purpose of proving the will for probate. Names and addresses should be printed clearly and legibly (able to be read).
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