Are all wills legally binding?

Many people assume that if they write down their wishes, their will will automatically be valid. But is this always the case? A poorly drafted will can lead to delays, disputes or even have your will be declared as invalid, leaving your estate for the court to handle. What makes a will legally binding, and how can you ensure that yours meets the necessary requirements?

Under the Wills Act 2006 (QLD), a valid will must meet the following criteria:

• It must be in writing (handwritten or typed).
• The testator (person making the will) must sign it.
• Two witnesses must be present when the testator signs.
• The testator must have mental capacity (understand the nature of their decisions).
• It must reflect the testator’s genuine wishes, free from undue influence or coercion.

There are a number of reasons where a will may be challenged or declared invalid. This includes:

• Lack of Proper Witnessing – If not signed in front of two witnesses, it may not meet legal requirements.
• Undue Influence or Fraud – If someone pressured the testator into writing the will a certain way, the court may set it aside.
• Mental Incapacity – If the testator was not of sound mind when making the will, it may be contested.
• Handwritten or DIY Wills – While legal in some cases, informal wills often lead to disputes if they are unclear or missing key elements.
• Outdated Wills – If a will is not updated after major life events (marriage, divorce, birth of children), it may not reflect the testator’s current wishes.

If a will is invalid the estate may be distributed according to intestate laws, meaning that assets may not go to the intended beneficiary. It can also lead to family members disputing the will, which can lead to legal battles that can be both costly and time consuming.
A will is legally binding only if it meets specific legal requirements under the Wills Act. If these requirements are not followed, the will may be deemed invalid, potentially leading to disputes or the estate being distributed according to intestacy laws. To ensure that your will is enforceable and your wishes are upheld, it’s crucial to have it properly drafted, signed, and witnessed. While you can write a will yourself, seeking professional legal advice can help avoid complications down the line. By ensuring your will is legally binding, you can protect your loved ones and avoid unnecessary legal challenges after your passing.

For more family law advice like this, feel free to reach out to Genuine Legal for a consultation. Call us on (07) 2102 0641 if you need our assistance.