In a recent well publicised Court decision, the Court in Queensland determined that a Will made by text message was valid and enforceable. This was after a costly and contested Court battle.
Historically, Wills were made with great formality, had to be properly witnessed and the requirements for completion of the Will, including the signing and witnessing of it were strictly enforced.
The Law is now much more flexible and a Court will often accept a Will which is not properly signed or witnessed or completed or a Will made by a text, or email or some other method. On the face of it, this would appear to make it easier to make a Will and may be an encouragement to people to make Wills in a less formal way.
Each person has the right to make a Will as they see fit and in the manner they see fit using a Solicitor or not. However, these more informal Wills will often create complexity and additional costs in the administration of an estate and there may be less certainty about the final distribution of a Will to beneficiaries. Such Wills are more likely to be contested. The administration of the estate may take much longer and may be significantly more expensive in legal and other costs.
Homemade Wills and Post Office Kit Wills are now becoming more popular. Often these are not made correctly, not properly signed or executed and their meaning is uncertain. This again, leads to further delays, uncertainty and potentially significantly more legal costs.
There is no substitute for a properly made Will by a Lawyer.
Contact one of our experienced Lawyers at Walker Pender Group Pty Ltd, to assist you to make a proper and accurate Will.
*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.