ARTICLE · 17 JANUARY 2014

Informal wills vs formal (or valid) wills

Thynne & Macartney

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An informal will purports to state the deceased's testamentary intentions, but has not been executed as for a valid will.

AustraliaFamily and Matrimonial

Wills And Estates

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The legislative process is constantly challenged to keep pace with a rapidly changing world. This task is made even more challenging by an avalanche of new technology.

One of the most interesting legislative responses to changing technology in recent years has been the recognition of "informal wills".

An informal will is a document which purports to state the testamentary intentions of a deceased person, but which has not been executed in accordance with the formal requirements for a valid will.

Formal requirements for the execution of a will

In Queensland, the formal requirements for the execution of a valid will are set out in section 10 Succession Act 1981, which relevantly provides that, to be valid, a will:

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