03. What makes a will valid?

For a person's will to be valid, they must be:

  • 'mentally capable' (which means they fully understand what they are doing in writing their will); and
  • at least 18 years old (though you can make a will if you are younger and on active military service).

The will must:

  • have been made without 'undue influence' (for example, without a threat from someone);
  • be in writing;
  • be signed by the person whose will it is (the 'will-maker 'or 'testator') and by the two witnesses, who must all be together when the signing is done (see 'Who can be a witness?' below); and
  • be dated when it has been signed.
No amendments or additions should be made after the will has been signed.

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