Who can make a Will?

To make a valid Will you must be over 16 (this has recently changed from the age of 19) and have testamentary capacity. This means, you must understand:

  • what a Will is and understand that it will be legally binding upon your death;
  • what property you own and its approximate value; and
  • to whom you owe a legal or moral obligation to look after if you should die.

Your Will may be invalid if anyone has forced you to make your Will a certain way. Your Will may also be invalid if, at the time you make it, you suffer from any insane delusions affecting your powers of reason or judgment or if you lack testamentary capacity.

If you got married before March 31 2014 and after you make your Will, the act of getting married cancelled your Will unless your Will was made specifically in contemplation of that marriage and the Will states this. If you get married after March 31 2014, the act of marriage does not cancel an existing Will.