Validity of Wills

Validity of Wills

Introduction to Wills

A Will is a declaration made in accordance with statutory requirements of a testator's intention regarding matters they wish to take effect on or after death. No particular form or wording is necessary but it must be a revocable ambulatory disposition of property, taking effect on or after death and the testator must have had the intention to make a testamentary instrument.

A Will may be conditional, joint or there may be mutual Wills where two persons agree to execute separate Wills on agreed terms. The Will may contain secret or half-secret trusts or even precatory trusts. A document may be treated as part of the Will even though it itself is not attested (conditions apply).

A Will not executed in accordance with the Wills Act 1837 (WA 1837) is unlikely to be proved. This is likely to result in a negligence claim if the formalities have been conducted by a professional. There is a relaxation of the rules for privileged and statutory Wills.

See Practice Note: Introduction to Wills for further basic guidance.

Requirements for a valid Will

When a completed

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