Interpreting a Will & Informal Wills

Interpreting a Will & Informal Wills

Interpreting a Will

Does your Will make sense? What happens if it is not clear? If in the drafting of the Will, the person who made the will did not clearly express their intentions, for example regarding the exact nature of the gift or to whom the gift is to be given, the beneficiaries or executor, can ask the Court to make a determination regarding the true meaning of the Will.

Informal Wills

Alternatively, some people just never get around to making legally valid will. To have a valid will it:

  • it must be in in writing (whether handwritten, typed or printed);
  • signed; and
  • the testator’s signature must be witnessed by two other people who also need to sign the will.

If your will fails to meet either of the above three criteria, it is an informal Will. The informal will can be treated as a valid will in certain circumstances.
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