Who can make a will?

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By B Stead

Who can make a will to dispose of their property?

Those who can make a will, change or cancel (revoke) a will under state and territory legislation must:

  • be an adult, (18 years and over); and
  • have the required mental capacity in regard to their testamentary intentions, meaning:
    • know (generally) what they own;
    • who they want to give it to, any dependents to be provided for;
    • be able to weigh up the consequences of their choices, potential claims;
    • understand that what they are doing is disposing of their property on death and its effects;
    • understand that on signing their will document, what it states will become enforceable when they die.

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