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Who is eligible to create a will?

  • October 19, 2023

Home " Legal Blog " Wills and Deceased Estate Administration " Who is eligible to create a will?

Who is eligible to create a will?

Basic Criteria for Creating a Will Normally, anyone aged 18 or over is eligible to draft a will. However, there are exceptions in specific circumstances: Minors: Under section 20 of the Wills Act 1997 (Vic), the court may grant authority to create a specific will to an individual under the age of 18. Individuals who are mentally impaired or young: the Supreme Court can grant permission to create a will on behalf of these individuals. When the representative applies and the court determines a specific will, as detailed in sections 21-24, 25 and 30 of the Wills Act 1997. This Act was further amended by the Judicial Legislation Amendment (Succession and Surrogacy) Act 2014, Sections 21A-21D. Ensuring mental capacity and free will Individuals drafting a will must understand its meaning and create it without external pressure. They should understand the effect of the will and if English is not their primary language, a translation should be provided to ensure clarity. Where the health or age of the individual may raise questions about their ability to make or amend a will: A medical professional, preferably the individual's treating doctor, should provide a statement or affidavit. This should confirm that the individual is aware of the purpose of the will, their assets and liabilities, the people who may have claims against their estate, and that they are not under the influence of illness or medication. For those who are unable to sign due to paralysis or infirmity, the will may bear a mark, or another person may sign, as long as it is done at the direction of, and in the presence of, the will maker, in accordance with section 7(1)(a) of the Wills Act 1997. The focus here is on the clarity of mind and intent of the will maker. If you have any questions, please contact the experienced team at Chua Keng Wong & Co. Pleaseclick hereLearn more, orContact UsOffice. Address Level 2, 262 Queen Street, Melbourne 3000, Phone 96023988

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