Does my handwritten note qualify as a valid will?

Did you know that a handwritten note could constitute a valid will? As an informal document, this would not be automatically recognized, and you would need to seek court approval for it. However, the courts are willing to give effect to your testamentary intentions, provided that the document clearly outlines how you want to distribute your assets.

This document does not necessarily have to be formally written, signed, and witnessed. In Re Nichol; Nichol v Nichol & Anor [2017] QSC 220, an unsent text message was accepted as a valid will, as the deceased addressed how he wished to dispose of his assets and expressly excluded his estranged family members. Even a draft email, word document saved with the title “My Will”, or iPhone notes leaving property to a family member may be considered.

Recommendations…

However, it is always advisable to have a will prepared by solicitors that meets formal legal requirements. This avoids the risk of your will being challenged, ensuring that your testamentary wishes are fulfilled and that you protect your loved ones. If your will is not accepted, your estate will be distributed in accordance with the rules of intestacy. Furthermore, dealing with the accumulation of legal costs and significant delays from applications to court only adds to the emotional stress your family would already be experiencing.

If you or someone you know wants more information or needs help or advice, please call 02 9150 6991 or email [email protected]

Important Disclaimer: This content contains general information for reference purposes only. If you want to make a will or update one to reflect your current circumstances and wishes, we strongly recommend obtaining professional legal advice tailored to your circumstances.