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Valid Will

In order to assist you in deciding whether a Will is invalid it is useful to know that for a Will to be legally valid the testator (the person making the Will) must:

  • Have been 18 years of age or over (although there can be exceptions to this rule)
  • Have made the Will voluntarily and without pressure from any other person
  • Have been of sound mind (i.e. fully aware of the nature of the document being written or signed and aware of the property and the identify of the people who may inherit)
  • Have made it in writing
  • Have signed it in the presence of 2 witnesses who are both over 18 years of age
  • Have had the Will signed by 2 witnesses, in their (the testator’s) presence

If any changes are subsequently made to the Will then the same signing and witnessing process must be followed.

Although the Will is still legally valid even if it is not dated, it is advisable to ensure that the Will also includes the date on which it is signed.