A will is a document written by a person with the intention of expressing who they would like to inherit their money, real estate and possessions when they die. In Australia, there are legal requirements which must be followed in order to make a legally valid will. These include:
- Made voluntarily by an adult of sound mind with legal capacity
- Signed by the person making the will (the testator) in the presence of two independent witnesses who will not inherit under the will
- Signed by the two witnesses in the presence of the testator
The law governing Wills is similar in each Australian State however the precise laws of each jurisdiction should be followed. See for example, the Succession Act 2006 (NSW) or the Succession Act 1981 (QLD).
An understanding of other laws may also be necessary to write a will where there is real estate, shares, businesses, trusts, superannuation, life insurance, or guardianship of minor children included. Solicitors have broad knowledge across these areas of law and are experienced at drafting legally valid wills. Lightning Legal Solicitors are also experienced in the administration of estates when people die and applications for grant of probate of Wills. For comprehensive Estate planning and professional preparation of your Will, at an affordable price, contact Lightning Legal.