wills
This file last saved
12 August, 2019 20:22
preliminary
-
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.
-
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.
-
For a will to be valid, two independent people must be present at the time to witness the document.
-
A witness cannot be related to the testator.
-
A witness or their spouse cannot be beneficiaries of the will.
-
Do NOT staple, pin or clip pages together, although they may be bound or taped.
-
The testator and both witnesses must sign all of the pages and all must use the same pen.
Steps
- Complete the will following these steps.
-
Ask the testator to read through the will and cross out any blank spaces.
-
The testator and both witnesses are to be initial all alterations and cross-outs.
-
Satisfy yourself as to the identify to the testator.
-
Ask the testator if the document is their will.
-
Ask the testator if they understand the contents of their will.
-
Ask the testator if they require you to witness the will.
-
Ensure the date shown on the will is the date of signing.
-
The testator is to sign the will first, in full view of both witnesses.
-
Sign the will with your normal signature, occupation and address, in front of the testator
and other witness.
-
Have the second witness sign the will in the same way,in front of the testator and yourself.
References
-
The Duties of Justices of the Peace (Qualified) Handbook,
Queensland Government - June 2017, Section 4.10.