On this page: This page outlines how to make a Will.
How to Make a Will
How do I make a will:
There are a number of formalities when writing a will. If you don’t address these requirements the will may be challenged.
There should be at least two people to witness the Will and you must sign the Will in front of them and they must sign the Will as well. They need to sign the foot of the page or pages if there is more than one page, remember each page must be signed by them, and you must use the same pen.
You need to be able to show that you have the mental capacity to sign the Will meaning that you are of sound mind, and not affected or impacted by a disorder or delusion that impacts your ability to show testamentary capacity.
To assess whether you have this capacity you must be able to understand, and be aware of the following;
- What it is your writing, that is what a Will is itself
- You need to know approximately what you have to give to others in your Will
- You must understand any reasonable claims that may be made against you for the property in your Will.
It is important that you are aware that people may challenge your Will, one way to protect your Will is to show that you had the capacity to make the Will. You are able to speak with a doctor to assess that you have the capacity to make a will and will sign an affidavit, a legal document, confirming your mental capacity.
To see an example of a Will, visit the Legal Handbook