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What are the characteristics of a Will?

 

A Will would normally include information on the appointment of an Executor who will execute the Will, the beneficiary or beneficiaries to the Will and allocation of assets to the named beneficiaries. Apart from that, the appointment of guardian for minor beneficiaries, revocation of earlier Wills, donation of organs, direction for burials and other special instructions can also be included in a Will.

The basic requirements of a valid Will stated in the Wills Act 1959 are generally as follows:

a) It must be in writing;

b) The testator must sign the Will at the end of the document;

c) There must be at least two or more witnesses present at the same time to witness and to attest to the signature of the testator. However the witnesses who are attesting the testator’s signature must not be beneficiaries to the Will, otherwise the gift will fail.

d) The testator must be of sound of mind and not under any undue influence during the execution of his or her Will.

e) The testator making a Will must not be under the age of majority.