The following conditions must be met for a Will to be legally valid in Australia:
The person making the Will must be at least 18 years of age
The person must have an intention to make the Will
The Will must be made voluntarily without any undue influence, duress or coercion from another person
The person must understand the contents of the Will, and approve of what is written
The person making the Will must be of sound mind. That is, they should not be suffering from any condition that will prevent them from making rational decisions (eg, dementia, mental illness, lack of consciousness or psychosis)
The Will must be in writing
Two witnesses (who are over 18 and who are not mentioned as a beneficiary in the Will and not the partner of a beneficiary) must sign, and acknowledge the Will in the presence of the person making the will. They must also see the Will-maker sign the Will
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