In NSW, Section 6 of the Succession Act (2006) states key criteria that must be met for a will to be considered legally enforceable.

In most cases, even if only one error is made or a single detail is omitted, the will is deemed invalid. Consequently, your assets will be distributed as per the laws of intestacy instead of your final wishes.

Therefore, to write a valid will in NSW, you will need to:

  • Confirm your mental state at the time of drafting
  • Appoint your executor and list beneficiaries
  • Make sure all of its information is accurate and current
  • Have it signed correctly by eligible witnesses

You must also account for a wealth of personal factors, including but not limited to:

  • Guardianship of dependents under the age of 18
  • Executors to appoint
  • Beneficiaries to list
  • Asset details and division
  • Businesses and succession planning
  • Trusts
  • Superannuation
  • Funeral instructions

Given the number of inclusions and criteria to consider, it can be challenging to prepare this document correctly without sufficient legal knowledge.

That’s why we’re here to help. If you would like to engage an experienced lawyer to write a will, get prompt, practical and professional support with Turnbull Hill Lawyers today.

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