Signing your will

The usual practice in our office is to suggest that your Will is executed in the presence of a member of our Firm. However, if you are unable to do so, we enclose these instructions for signing a Will.

If you have any questions about signing your Will please telephone this office.

Read the Will carefully to make sure that you know and approve its contents.

Please DO NOT MAKE ANY ALTERATIONS to the Will. If the Will contains errors or does not correctly reflect your wishes please contact us.

We suggest you print off a further copy of your Will and mark it “Copy Will – do not execute” for your records. Please do not sign it or any copy.

1. WITNESSES

(a) You must have two (2) witnesses;

(b) The witnesses should both be over the age of eighteen (18) years;

(c) A witness must not be a person who is left anything in your Will (that is a beneficiary); and

(d) A witness must not be the husband or wife of a beneficiary, or engaged to marry a beneficiary.

2. SIGNING THE WILL

(a) Read the Will through very carefully to be sure that every page is there and that the Will is correct in every detail;

(b) You and your witnesses should all use the same pen;

(c) The pen may be either biro or ink. Do not use any type of pen that can be erased;

(d) You and your witnesses must all be present during the entire process of signing, and all persons present must watch each signature being written;

(e) You do not have to tell your witnesses the contents of the Will;

(f) Be absolutely sure that you sign your own Will, and that each page is a page of your own Will and not that of another person;

(g) Fill in the date in the space provided;

(h) Using your normal signature, sign the Will above your name on the last page at the end of the Will;

(i) The first witness must then sign at the end of the Will immediately below the attestation clause in the space provided, and add his or her full name, occupation and address. Then the second witness must sign alongside the signature of the first witness in the space provided and add his or her full name, occupation and address;

(j) The person making the Will must then sign using his or her normal signature at the bottom of each of the other pages of the Will, and then each witness should sign, using normal signatures, at the bottom of each of the other pages of the Will, near the signature of the person making the Will.

3. AFTER SIGNING THE WILL

(a) If you have signed the Will elsewhere than in our office, please send us a photocopy of the signed Will so we can check that it has been executed correctly;

(b) DO NOT attach anything to the original Will not even by paperclips;

(c) The original Will should be kept safe, either by us or in your bank safe deposit. If it is lodged with us we cannot take the responsibility of informing executors or beneficiaries of its existence or its provisions;

(d) Note on the copy of the Will or the envelope in which it is contained:

a. Where the ORIGINAL of the Will is lodged. This is important so it is easily found when needed;

b. The names, addresses and occupations of the witnesses; and

c. The date you signed the ORIGINAL Will;

(e) Keep the copy in your filing cabinet with your important papers;

(f) Tell the executor/s where the ORIGINAL Will is kept, and when it was deposited there;

(g) You may wish to make a list of your assets to assist your executor(s). If you do keep the list with the copy Will, NOT with the ORIGINAL. A list of this kind does not form part of the Will itself;

(h) It is best to keep copies of your Will to a minimum, but if you do make further copies write ‘COPY’ on each page of any copy of the Will;

(i) If you had previously signed a Will, once we have confirmed that the Will has been correctly executed – but NOT BEFORE – please rule a line through each page of your OLD, revoked Will and write on it “Revoked by Will dated __________, presently held at _________________” and file the old Will with the copy of the new Will or return the old Will to us for filing. Alternatively, destroy your old Will.

4. RECONSIDERING YOUR WILL

(a) Divorce may affect your Will. The matter is complex and the law is not uniform throughout Australia. Proposals for change are being considered in some States. If you are contemplating divorce, or have been divorced since making your Will consult us about the implications for your Will.

(b) Review the copy of your Will every two or three years whenever a major event occurs in your family, your assets or the taxation laws (to make sure the Will is still what you want). In particular consult us:

a. If you change your name or anybody named in the Will changes theirs;

b. If an executor dies or becomes unwilling to act as an executor or becomes unsuitable due to old age, ill health or any other reason;

c. If a beneficiary (someone who has been left something in the Will) dies;

d. If you have specifically left any property which you subsequently sell or give away or put in trust or into a partnership or which changes its character. This applies particularly to specifically bequeathed shares in a company, which restructures its share capital;

e. If you marry or divorce, or if you have children (including adopted or fostered children);

f. If you enter or end a de facto relationship.

(c) If you wish to change your Will or revoke it or make a new Will without informing your husband or wife or de facto spouse you may do so, but you should consult us.

(d) Do NOT add or delete from the Will after execution. Consult us if you want to change or revoke your Will because even the simplest changes must be worded correctly or they may have disastrous results even rendering your Will invalid.