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What are the formal requirements for a valid will?

Under section 8 of the Wills Act 1970 (WA) a will is not valid unless:

  • it is in writing

  • it is signed by the testator or signed in the testator’s name by some other person in the testator’s presence and by the testator’s direction

  • the testator makes or acknowledges the signature in the presence of at least 2 witnesses present at the same time and

  • the witnesses attest and subscribe the will in the presence of the testator.

The testator must be in the same room with both witnesses, all being present together throughout the signing process.

Only one pen should be used and that pen should be blue. The testator must date the will with the date when it was signed. All pages must be paginated and in the correct order.

The testator must state in front of both witnesses they:

  • have read the will

  • know and approve its contents and

  • intend the document to be their will.

If there is more than one page the testator and the witnesses must sign all pages.

Many things can go wrong when preparing a will.

For a peace of mind call us on 0421 145 637 to make sure your will has been prepared and signed correctly.

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