Is your will valid?

[Tamara (Homes Down Under)]

Hi,

Myself and my OH last had our wills done 5 years ago when we were still outside Australia.

 

I was recently told that they are not valid here and need to be redone?

 

Apart from the will kits that you can get from the newsagents....and organisations like the Salvation Army...does anyone have any advice or recommendations as to where we can get our wills redone? The standard will kits won't work as my OH has some weird and wonderful conditions that he would like to include in his will to safeguard minors and ensure that they taken care of!

 

Thanks.

 

Tamara

[Guest katrina.potter]

I found this website where they talk about what you're asking..... what they say agrees with what I've read in a couple of the Wills Acts in Australia.....

 

http://www.justlanded.com/english/Australia/Articles/Money/Is-your-Will-valid-in-Australia

[Guest MrsHills]

From LSC Website :

 

http://www.lawhandbook.sa.gov.au/ch37s01s02.php

 

Generally, a will made overseas that is valid according to the law of the country where the will was made, will be accepted in South Australia, even if it is not valid according to South Australian law. In other words, if a migrant's will is valid in the migrant's old country, it will be granted probate in South Australia [Wills Act 1936 ss 13,14].

A will need not to be in English in order to be accepted in South Australia. However, if it is not in English, it must be translated, and an affidavit of translation must be made, before probate will be granted. It is simpler if the will is written in English and translated to the testator.

 

It only becomes a bit complicated if there are assets in both Countries