Overview
A will is a document that gives legality to a person’s wishes for the distribution of their assets after death. It gives the testator (person who made the will) control over what happens to their estate after they die.
Australian legal requirements
For a will to be valid the willmaker must have the mental capacity to make a will, known as possessing testamentary capacity. This means they understand:
- What the will is
- Their estate: what they have, how much of it, what it is
- The moral requirement to give their estate to children, spouses, other family members.
If the person is sick (physically, mentally, etc.) a doctor needs to swear an affidavit, letting it be known that the willmaker has the capability of understanding the
A will is a document that gives legality to a person’s wishes for the distribution of their assets after death. It gives the testator (person who made the will) control over what happens to their estate after they die.
Australian legal requirements
For a will to be valid the willmaker must have the mental capacity to make a will, known as possessing testamentary capacity. This means they understand:
- What the will is
- Their estate: what they have, how much of it, what it is
- The moral requirement to give their estate to children, spouses, other family members.
If the person is sick (physically, mentally, etc.) a doctor needs to swear an affidavit, letting it be known that the willmaker has the capability of understanding the