Normally under Australian succession law marriage cancels a will (that is revokes the will) – unless the will was made in contemplation of marriage. In some states and the ACT testamentary arrangements can be made in contemplation of entering into a registered relationship or partnership.
Sometimes an unsigned will is left in situations where the willmaker, in consultation with lawyers, has been in the process of making a new will, but died before the requirements to make a valid legal document were completed. Leaving such a testamentary document raises important questions. Did the deceased approve of the contents of what …
Signing a document is not the same thing as having to execute it. We might talk about signing a will but technically, a will is required by law to be executed. So what does execution mean and what has to be done to execute a will for it to be legally valid?
Why make a will and what can it do?Why make a will and what can it do? Dying without leaving a will, or leaving an invalid one, is to die intestate. Dying intestate means property left (the estate) is distributed according to the intestacy law. The intestacy law has been prescribed by legislation as the ‘default’ rules to apply in these circumstances. The problem is that the intestacy formula for distribution may not produce the desired outcome.
Updated 26 October 2020.
A will documents a person’s intentions for what they want to have happen when they die. To make a legally valid will means complying with all the prescribed legal requirements. Making a valid will according to law is important to its effectiveness. Who else needs to sign a will?
A will documents a person’s intentions for what they want to have happen when they die, see What is a will. It contains their instructions on who is to inherit their property and how, who will administer its disposal and any preferred arrangements for their funeral. If their intentions are to be legally effective, and ultimately put into effect, the will needs to be valid and comply with the legal rules.