Creating a will is a crucial step in ensuring your assets are distributed according to your wishes after your death. With the increasing digitization of legal documents, many Australians wonder if they can sign their will electronically. However, under Australian law, a will must be printed and signed in the presence of two witnesses to be legally binding. This article explores the legal requirements for signing a will in Australia and why electronic signatures are not accepted.
In Australia, the law is clear about the formalities required to create a legally binding will. The process is governed by the Succession Act in each state and territory, which outlines the specific requirements for executing a valid will.
In Australia, a will must be printed and signed by two witnesses to be legally binding. While electronic signatures are convenient for many types of documents, they are not accepted for wills due to the stringent requirements designed to protect the testator’s intentions and prevent fraud. By understanding these legal requirements and seeking professional advice, you can ensure that your will is valid and reflects your wishes. Taking the time to properly execute your will gives you peace of mind, knowing that your estate will be handled according to your plans.
Do young people need a Will?
Don’t leave anything to chance Remember when your parents used to say that you were growing up too fast? And you thought, it’s not fast enough! The thing about growing up is that before you know it, you get swamped with mortgages, insurances, paying taxes,...
Who needs a Will?
A Will is one of the single most important documents a person can have; yet, so many of us put off dealing with it for far too long. Many Australian’s assume that they’re “too young” to need a Will. Some people believe that they don’t own enough assets or have a big...
What is a beneficiary?
A beneficiary is a person who receives all or part of the distribution from the deceased estate. There are two types of beneficiaries that are included in Wills. It’s important to understand the difference so that you can think deeply about how you’d like to divide...
What is an executor?
An executor is a person (or sometimes more than one person) named in a Will to carry out the wishes of the Will-maker after their death. Often solicitors or specialist trustee companies are named as executors. The most critical activity undertaken by the appointed...
What is a Will?
A will is a legal document that spells out your wishes regarding the care of your children, pets as well as the distribution of your assets after your death. Put simply, a Will is a legally prepared and bound document that states your intentions for the distribution...