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Writing a Will: What Do I Do to Finalise My Will?

May 29, 2012 | Comments: 0 | Views: 215

When you decide that it is about time for you to write a Will, there is no need to hire a lawyer. One easy way to do this is to purchase a kit online and create it in the comfort of your own home.

When writing your Will, you should give yourself a good bit of time to write down all your assets and liabilities and consider they are to be distributed. You need to list what gifts you wish to give your beneficiaries and whether they are to be given with any liabilities attached. You need to decide who your executor will be, and you can even nominate what happens to your remains upon death. Once these items have been worked out and included in your Will, there are two important final steps to take in order to make it legally enforceable.

First, your Will must be signed by yourself and witnesses on every page. The witnesses must be of sound mind, 18 years old or over and they must not benefit from your Will in any manner, directly or indirectly. For example, if you have given a gift such as a house to your daughter, her husband should not be a witness to your Will as he would benefit indirectly from the gift.

The witnesses do not require any accreditation of any kind. They do not need to be a dentist, doctor, police officer, lawyer, notary or Justice of the Peace for example. If you are doing your Will from home, your neighbour is a convenient and suitable person to ask, for example, as they know you and can confirm your identity. The witness is only required to witness your signature and does not need to read or know the contents of the document. In this manner, you can protect your privacy. The witness then signs, prints their name and includes contact details. When you are signing your Will you must sign each page, print your name and date the last page.

Once your Will has been properly witnessed, you should then store it in a safe place where it can be found when you pass away. Generally it is a good idea to store your Will with other important documents such as any property, banking and other documents. There are no requirements as to where it must be stored and there is no requirement to register it. You just need to ensure that your executors know of its existence and where to find it.

These protections are not necessarily all legally required but they are more protection to help ensure your Will is not contested, avoids potential issues and ensures it is upheld by the courts should there ever be a problem.

Want to know more? Click here for Free information on Legal123 Will Kit. Australian legal agreements and forms from

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