Succession Act 2006 (NSW) – Validity of a Will

Planning for the future is one of the most important steps you can take to protect your loved ones.

Creating a legally valid Will ensures that your estate is distributed according to your wishes and reduces the risk of conflict after you’re gone. If you’re considering making a Will, it’s crucial to understand what elements are required, and what to think about before instructing your solicitor.

At Sky Solicitors, we’re experienced in drafting Wills, including spousal Wills, individual Wills, and complex estate planning. Here’s what you need to know.

Under the Succession Act 2006 (NSW), a Will must meet the following criteria to be legally valid:

• It must be in writing (handwritten, typed, or printed).
• It must be signed by the person making the Will (the testator).
• The testator must sign in the presence of two witnesses, who are both over 18 years old.
• The two witnesses must also sign the Will, in the testator’s presence.
• The testator must have testamentary capacity (they must understand the nature and effect of making a Will).

Contact Us

At Sky Solicitors, we offer personalised advice for individuals, couples, and families who want to ensure their Will and estate planning is secure, comprehensive, and compliant with NSW law.

Contact us today to arrange an initial consultation to discuss your Will. Whether you’re a first-time Will maker, recently married, or planning for a blended family, were here to help. 

Disclaimer: this article is prepared for educational purposes only and does not constitute legal advice in any way, shape or form. For tailored advice specific to the circumstances of your matter, you should consult with our office directly and one of our lawyers will arrange a free, initial consultation.