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ARTICLE · 23 MAY 2022

The Dodgy Will

A will does not need to look official, but it must be in writing, be signed by the testator and witnessed by two people.

AustraliaFamily and Matrimonial

It would surprise many the types of documents that have been approved by the Courts as being valid Wills.

Wills don't necessarily need to have an official (and legal) look about them but they do need to be in writing, signed by the testator and witnessed by two people.

We see situations where that hasn't occurred. It might be that someone has tried to amend their Will by writing changes on the Will itself, or has tried to write or type out a new Will. Sometimes a document is located where it's not immediately clear if it was even intended to be a Will (eg. it doesn't state that it is a Will, it hasn't been signed and witnessed properly, it has pages missing, etc).

Often those types of documents won't have any legal effect. However, the Court can  sometimes approve them as a valid Will (an 'Informal Will'), depending on the circumstances.

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