A Will is an extremely crucial legal document that outlines how a person’s assets should be distributed after they are deceased. However, before a person’s estate can be divided, it is important to review a Will to ensure it meets the legal validity requirements in New South Wales. If you are concerned about the authenticity or fairness of a Will, understanding these criteria is the essential first step.
Key Legal Requirements for a Valid Will
- In New South Wales, for a Will to be valid, it must meet the following conditions under the Succession Act 2006.
- The will must be in writing and can be handwritten, typed or printed.
- It must be signed by the testator, i.e, the person making the will must sign it, usually at the end of the document.
- The testator must have the capacity to make a will. They must understand what a Will is, what property they own and who should logically benefit from it.
- The will must be witnessed by two people. Both witnesses must be present at the same time and see the testator sign the will. Witnesses should not be beneficiaries.
- The will must reflect the testator’s true intentions. If there is evidence of undue influence, coercion or fraud, the will may be challenged.
Signs a Will May Be Invalid
When it comes to the validity of a Will, certain signs could indicate that it is not legally valid.
- The will was made while the testator had dementia or another cognitive condition.
- A beneficiary was heavily involved in drafting the will.
- Significant changes were made shortly before the person’s death.
- There are multiple versions of the will, and it’s unclear which is final.
What to Do If You’re Concerned About Will Validity
If you have concerns about the validity of a Will, we recommend that you seek legal advice immediately. Here at The Will Challenge Lawyers, we specialise in providing you with expert advice about suspicious Wills. Our team has the knowledge and experience to help you review a Will and determine whether it meets the legal standard and whether there are any grounds to challenge it. Contact us today for a confidential consultation.
