What would happen if you passed away suddenly? Would your loved ones know how to handle your property, assets and possessions?
Everyone can benefit from making a will that is legally valid. Do you need to know how to make a will in Australia? Our experienced team has compiled everything you need to know about making your will.
How to make a will
To make a will that is valid in Australia, there are a few things to keep in mind:
- Generally, a will must be in writing. Australian courts have also recently recognised other forms of wills and codicils including a will prepared on an iPhone. However, a special application was needed to prove these were valid, causing stress and costs which could have been avoided by preparing a will in writing.
- The Queensland Supreme Court is also empowered to make wills on behalf of people. For example, this could come into effect if a person has lost “legal capacity” due to a condition like dementia.
- There are certain requirements for making a will in Australia. The will must be signed by you and two witnesses. The witnesses should not stand to receive any benefit under the will.
So if you’re wanting to make sure the will you create is easy for your executor to carry out, it’s a good idea to have your will in writing and witnessed by two people who aren’t benefactors of your will.
It might be presented as a typed document, or as a handwritten document. Other types of will exist, for example, oral wills, but these types are not always recongised as valid and are not ideal.
Do you need help making your will? Contact our experienced team of estate lawyers to discuss what we can do for you.