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ARTICLE · 19 AUGUST 2024

When it comes to wills, the dress code is formal

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It is generally much better to avoid the need for disputes about whether an informal or formal will is to operate.

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Angela Harvey
Angela Harvey
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Learnings from Kemp v Findlay [2024] NSWSC 902

Will formalities

Section 6 of the Succession Act 2006 (NSW) (the Act) shows us how a will should be executed. A valid will must be in writing and signed by the testator, in the presence of two or more witnesses, with at least two of those witnesses to attest and sign the will in the presence of the testator.

If a person fails to execute a valid will complying with the formality requirements, under section 8 of the Act, the Court can consider whether an informal will has been made. The Court has the power to dispense the requirements for execution, alteration or revocation of wills, if it is satisfied that the individual intended the document to form his or her will.

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