Once you have decided to create a will, it’s important to ensure that you are following the correct procedures so you can rest assured that it is binding and your wishes will be carried out.
Why do you need to authenticate your will?
You never really know what’s going to happen as you age regarding your health and your level of mental awareness. That’s why it’s important to have your will written and finalised while you’re young and still have full mental capacity. If your will is not authenticated, it may be deemed not valid, meaning it may be contested and your wishes not carried out. This can lead to increased stress and arguments between family members.
What makes a will valid?
A will is valid if it meets a number of requirements. These include:
Capacity
The person making the will must be mentally capable. In the case that they are deemed incapable, a power of attorney may be appointed to assist.
Intention
You must intend to create a will and do so freely with no undue pressure or coercion.
Knowledge
In addition, you must also have knowledge of your actions and understand the implications of creating a will.
Statutory requirements
To be valid, your will must be in writing, and must be signed by you or your power of attorney in the presence of two or more witnesses. In some cases, witness signatures must also be notarized in order for the will to be valid.
Who can certify your will?
To ensure your will is certified, it will need to be witnessed and notarized. A notary public can authenticate your will by witnessing your signature where it is required. This also ensures that your will is valid both within Australia and overseas. At Brisbane Notary, our notaries are highly professional and have decades of experience working with a wide range of notary services.
