If you’ve recently migrated to Australia, one of the important legal documents to get in order is a will.
A will ensures your assets and belongings are distributed according to your wishes after you pass away. Without a valid will in Australia, your estate will be divided up according to state laws of intestacy, which may not align with your preferences.
It’s important to understand the key requirements for setting up a will that will hold up under Australian law, since these may not be the same as they are in your home country. According to guides provided by the Australian government and online will service Willed, these are the key things to get right before your new will can be deemed as legal.
Mental Capacity
You must be considered mentally capable or “sound mind” when making your will. This means you understand you are making a will, know what belongings make up your estate, and are able to decide how you want those belongings distributed after your death. If there are any doubts about your mental capacity, the will could be challenged in court.
Over 18
In Australia, you must be at least 18 years old to make a legally valid will. The only exception is for members of the military, who can make wills from age 16 in preparation for deployment.
In Writing
A will must be a written document, not just verbal instructions. It should name an executor who you choose to administer your estate after your death. The will should clearly lay out how your assets, personal items, real estate, investments, etc. are to be divided up and among which beneficiaries.
Signed & Witnessed
You must sign your will document, and have two adult witnesses who are not beneficiaries also sign, using their full legal names and stating they witnessed you sign the will. These witness requirements help guard against claims of forgery or being coerced into the will instructions.
Updating as Needed
Once you have a legal, witnessed will in place, it’s important to keep it updated any time major life events occur, such as having children, getting divorced, moving between states, or acquiring/disposing of significant assets. Online will services make it easy to inexpensively update your will as your life situation evolves.
By ensuring your Australian will checks off all the key legal boxes for mental capacity, your age, using the proper written format, getting it properly witnessed, and keeping it updated, you can have peace of mind that your final wishes will be carried out as intended regarding your estate. Taking the time to put a valid will in place protects both you and your loved ones down the road.
