What will your legacy be?
Drafting a will is a critical step in ensuring your final wishes are honoured and your assets are distributed as you intend. However, the seemingly straightforward process can be fraught with legal complexities. A will, no matter how well-intentioned, can be declared invalid if it fails to meet the specific requirements outlined in the Wills Act. This unfortunate outcome often stems from a lack of knowledge or simple carelessness, ultimately nullifying the testator’s hard work and good intentions. Understanding and meticulously following the basic legal requirements is paramount to creating a valid will that stands up to scrutiny and prevents unnecessary heartache and legal disputes for your loved ones.
Requirements for the formation of a valid will
To draft a valid will, you must adhere to the fundamental legal requirements established by the Wills Act. This legislation lays out four specific criteria that must be satisfied to ensure your will is legally binding and enforceable. Failing to meet these standards can result in your will being declared invalid, potentially leading to unintended consequences and legal disputes for your loved ones.
- THE TESTATOR MUST BE ABOVE THE AGE OF 16;
- THE WILL MUST BE IN WRITING;
The term “writing” encompasses not only a handwritten document but also a word-processed document. An oral Will shall be declared invalid. - THE TESTATOR MUST SIGN EACH PAGE OF THE WILL;
Should the testator suffer from some form of physical impediment preventing him from signing the Will, he may then request that another person sign on his behalf. Similarly, should the testator find himself in a position where he is unable to read or write, he may then sign the Will by making a mark or an impression. - THE TESTATOR MUST SIGN EACH PAGE OF THE WILL IN THE PRESENCE OF TWO ACCOMPANYING WITNESSES,
who must also sign each page. Both witnesses are required to be above the age of 14 years old.
In simple terms, countless wills have been invalidated because they failed to meet the necessary legal criteria. This unfortunate outcome goes far beyond just disappointing the wishes of the person who created the will. It also causes significant emotional distress and creates immense legal and financial challenges for their loved ones, who are left to navigate a complex and often contentious process. Ultimately, what was intended to be a clear and final plan becomes a source of conflict and uncertainty.
Want to make sure your final wishes are honoured and your assets are protected? Contact us today. We’re here to guide you through every step of creating a legally sound Will and Testament, ensuring your legacy is secure and your loved ones are taken care of.
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