wills

This file last saved 12 August, 2019 20:22

    preliminary

  1. Wills are documents in which a person, known as 'testator' (male) or 'testatrix' (female), give instruction about what is to happen to their property when they die. Normally, the will names the executors - the people who are to carry out the terms of the will, and sometimes gives instruction about funeral arrangements. Most a drawn up b legal practitioners, but legal will kits available from stationers are also used.
  2. Wills are among the most contested of all legal documents, so care must be taken to ensure that the wishes of the testator are not challengeable.
  3. For a will to be valid, two independent people must be present at the time to witness the document.
  4. A witness cannot be related to the testator.
  5. A witness or their spouse cannot be beneficiaries of the will.
  6. Do NOT staple, pin or clip pages together, although they may be bound or taped.
  7. The testator and both witnesses must sign all of the pages and all must use the same pen.
  8. Steps

  9. Complete the will following these steps.
    1. Ask the testator to read through the will and cross out any blank spaces.
    2. The testator and both witnesses are to be initial all alterations and cross-outs.
    3. Satisfy yourself as to the identify to the testator.
    4. Ask the testator if the document is their will.
    5. Ask the testator if they understand the contents of their will.
    6. Ask the testator if they require you to witness the will.
    7. Ensure the date shown on the will is the date of signing.
    8. The testator is to sign the will first, in full view of both witnesses.
    9. Sign the will with your normal signature, occupation and address, in front of the testator and other witness.
    10. Have the second witness sign the will in the same way,in front of the testator and yourself.

    References

  10. The Duties of Justices of the Peace (Qualified) Handbook, Queensland Government - June 2017, Section 4.10.