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How must a will be executed?

Written on the 6 June 2018 by Adrian Corbould

 

Video transcript

Today's question is 'How must a will be executed?' This is a covered by section 6 of the Succession Act and it comprises three points.

  • The first point is that a will is not valid unless one the testators - the will maker - signs the document or someone else at the testator's direction, and in their presence. That means that someone else can sign the will on behalf of a testator in their presence and at their direction. It doesn't have to always be the will maker. This would be a very unusual circumstance, but the law does permit it.
  • A will is also not valid unless the testator signs the will in the presence of at least two witnesses - those witnesses must be adults of sound mind and not have any interest in the outcome of the will, such as being executor or beneficiary.
  • Third point is that at least two of those witnesses must sign the will in the presence of the testator.

If you have any questions regarding the above, or would like to talk to one of our Wills lawyers, please don't hesitate to call us on 1800 994 279 or contact us via email.

 


Author: Adrian Corbould
About: Adrian is an Accredited Specialist in Wills & Estates Law. He practises exclusively as a member of the Contested Wills & Estates team. For more than 10 years, Adrian has helped hundreds of clients, and his tenacity and experience make him one of the most sought after Will Contest Lawyers in New South Wales (NSW).
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Adrian Corbould

Adrian Corbould is a Law Society Accredited Specialist in Wills & Estates Law. For more than 15 years he has helped hundreds of clients in contested estate matters. His tenacity and experience make him one of the most sought after Will Contest Lawyers in New South Wales (NSW).

Adrian is an Accredited Specialist within the Contested Wills & Estates Team. In certain circumstances, the team operates on a 'No Win, No Fee' basis. If you'd like to discuss your circumstances with a member of the team, call us and ask for a Free Appraisal.

 

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