My cousin wrote his will on the back of a pizza box at a party. I was sitting next to him and he told me he was very serious about what he was doing and if something were to happen to him I should make sure that his instructions as listed on the back of the pizza box were followed. Is this legal?
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Answer by Julia Savage of Newcastle Legal, Hamilton NSW 2303
- One of the rules for a valid will is that it must be written. It does not matter what it is written on just that it is written. So technically while not a good idea a will written on a pizza box may be a legally valid will.
- There are other rules that must be complied with for the will to be valid.
- The will must be signed by your cousin and his signature witnessed by two witnesses.
- The will may be able to be challenged if he or the witnesses were drunk and have no recollection of creating or witnessing the will. Those witnesses may also forfeit any gift to them or their spouse under the will.
- If your cousin intends to rely on that will any appointed executors may strike other problems in the future.
- The will should:
- be dated;
- revoke any previous testamentary acts such as wills or codicils;
- appoint at least one executor; and
- appoint at least one beneficiary.
- It is recommended that your cousin remake his will to ensure that it cannot be challenged and to save on expensive estate administration costs.