What Does A Valid Will Need To Contain?

valid-will

You will run into difficulties extracting the Grant of Probate if the Will has defects.

You must ensure that your Will has the following to be valid and defect free:

  • A revocation clause stating that all previous Wills are overwritten by this most current Will
  • A list of the deceased’s assets
  • A list of the deceased’s liabilities and instructions to pay off the liabilities
  • A list of beneficiaries to whom the deceased will be giving his assets
  • A distribution method for distributing the deceased’s assets
  • A catch-all residual clause for distributing any remaining assets not explicitly listed in the Will
  • That the Will is documented in a written format
  • That the execution of the Will is witnessed by at least two people
  • That the two witnesses to the execution of the Will are not beneficiaries under the Will or the spouse of a beneficiary under the Will
  • That the Will is signed
  • An interpretation clause setting out how the written contents of the Will were understood by the testator (i.e. the person who left behind the Will) if the testator does not understand the language in which the Will is drafted in

To be completely sure that your Will is valid and defect free, do consult an experienced Probate lawyer.

Categories: Grant of Probate Wills Beneficiaries Executor Defects