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Will Lawyer

For a will to be recognised by the Supreme Court as being valid, there are technical requirements the will document must comply with. The requirements for making a will valid include:

  • the will must be in writing, either typed or handwritten.
  • the will must be signed by the will-maker or by some other person in the presence of and at the direction of the will-maker.
  • the will-maker's signature must be made or acknowledged in the presence of two or more witnesses, present at the same time.
  • at least two of those witnesses attest (witness) and sign the will in the presence of the will-maker (but not necessarily in the presence of each other).
  • the signature of the will-maker or person signing at the direction of, and in the presence of the will-maker must be made with the intention of executing the will.

Dangers of Using a FREE Will Kit?

Choosing a Will Kit to prepare your own Will should only be considered if your circumstances are simple and for many people this is not the case. If the Will is not completed by correctly following the legal and technical requirements, an application to the Court will be required and this process may cost thousands of dollars.

Obtaining the advice and assistance of a specialist Wills Solicitor or Lawyer will help reduce the risk of a Will Dispute once you're dead.

So the question you might ask yourself is what price are you prepared to pay for your own peace of mind and the peace of mind of your family?

If you want that peace of mind, Get In Touch with the team of senior Wills Lawyers at Heckenberg Lawyers to help you prepare your last Will and Testament.

Case Studies

Testamentary Freedom in a Will - Goldberg vs Landerer

It is commonly considered that you can leave your assets to whoever you wish.

However, testamentary freedom is balanced by family provision legislation, which requires a person to make adequate provision for the proper maintenance, advancement, and education in life of an eligible person.

A failure to make adequate provision for an eligible person in your Will can result in the court intervening in your Will and making adjustments in order to provide this adequate provision.

A recent example of a family provision claim challenging testamentary freedom can be seen in the New South Wales Supreme Court decision, of Goldberg v Landerer.

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