When is a will valid?

There are various requirements needed in order for a will to be valid. Section 11 of the Wills Act lists these requirements:

  • The will must be in writing
  • It must be signed by the will-maker or by someone with direct authorisation from the will-maker
  • It must be signed in the presence of at least two witnesses

If the will fails to comply with these requirements, the High Court has the ability to validate it if they believe that it expresses the testamentary intentions of the deceased.

If you would like further advice regarding matters related to wills, please make an appointment with Malcolm McKenzie or Scott Donaldson.