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.