The requirements for the making of a Will in Queensland are set out in the Succession Act 1891. The key requirements are:
- A Will must be in writing and signed by the Testator (the person making the Will)
- 2 witnesses must be present at the same time to watch the Testator sign
- The Testator must be at least 18 years old (unless married or contemplating marriage)
The witnesses must also sign, but thanks to special COVID-19 related regulations we can do this remotely using audio-visual technology.
Most importantly, a Will is only valid with respect to property that is owned by the Testator and which can be disposed of by Will. Jointly held property and superannuation funds are examples of property which may not be successfully disposed of by Will without making suitable prior arrangements.
A Will should always be updated to deal with changed circumstances, and sometimes this will be necessary even if your intentions remain unchanged. Entering a new relationship, getting married, or ending a relationship are all things which can invalidate some dispositions under a Will.
The signature must be made or acknowledged by the testator in the presence of 2 or more witnesses present at the same time
Section 10(3), Succession Act 1891 (Queensland)