How to Ensure Validity of Wills?

October 3, 2023    Deceased Estate Lawyers Perth
How to Ensure Validity of Wills?

Will validation is one of the most important things to do when it involves turning your dreams into reality. Validations are needed to make sure that the will is legally valid. Moreover, the wishes are carried forward when you have left the world.

The state and territory govern every law about wills. It is crucial to know about the necessities of the jurisdiction. A will should be written, signed by the testator and witnessed by two people who are not any form of beneficiaries. This is done to make sure that the will is not forged and influenced by people with an interest.

But do you know who can help you? It is vital to take the help of a wills lawyer in Perth in order to have legal support  behind your back. This will definitely help in converting your wishes with your estate into reality.

Steps to ensure the validity of your will

Do you know what the ‘will review process looks like? You need to follow the below-mentioned process to ensure the will’s validity:

  • You must consult with a qualified attorney who focuses on estate planning. They will assist you in the overall process and ensure the will is properly drafted and executed.
  • It is needed to clarify the intentions at the will. This leaves no space for ambiguity and misinterpretation. This is in the form of mentioning the persons to take care of the assets, like any specific bequests and conditions.
  • It is vital to review and update the will as per the needs and preferences of the testator. This is the best fit for life-changing events like marriage, divorce and childbirth.

Common mistakes to avoid when you create a will

The mistakes result in creating disputes and misunderstandings between your beloved people. Some of the common mistakes to avoid while you create a will are marked below:

  • The testator needs to update the will regularly. Everybody knows how life changes, which must be reflected in the will. This is used to avoid any unwanted situations.
  • There must be clear specifications about the beneficiaries. Any form of vague language and ambiguous terms results in confusion and legal battles.
  • It is important to get professional advice. Estate planning is considered tough, and consulting with a lawyer and financial advisor will make the process smooth and efficient.

What is the meaning of the will contest?

Will contestation is the legal procedure to challenge the validity of wills. When one thinks the deceased’s wishes have not been reflected, they will opt to challenge the procedure. It is considered to be a complex and emotionally charged procedure.

You need to file a petition, offer the evidence and present arguments in the court. The burden of proof is for the person who contests the will. They must demonstrate the valid grounds for the charges they have.

Seeking professional assistance for will validation

The testator can get professional guidance for will validation. The reasons for seeking it are stated below:

  • The professionals have the expertise to explore the difficult legal requirements of the procedure. They know everything about the will’s intricacies and ensure that the formalities are fulfilled.
  • They offer valuable guidance and advice, which helps you to make better decisions and avoid any form of pitfalls.
  • Professional assistance reduces the risk of disputes and legal challenges. They make sure that the will is properly drafted and executed. The professionals help to avoid any ambiguity and confusion.
  • The helpers offer objective and impartial guidance, which helps to solve the issues that will arise.
  • You must get assistance, which helps to save your time and effort. Professionals come up with the needed knowledge and experience to handle the overall procedure smoothly. They draft the will, get the needed signatures, and ensure it matches the legal requirements. This offers you peace of mind when you know the will is safe and secure.

The role of witnesses invalidating a will

Witnesses play a vital role in will validation. The witnesses must be present to prove the authenticity of the will. In most cases, the person who makes the will signs the will in the presence of the two witnesses.

The witnesses are held responsible for attesting to the will’s mental capacity and voluntary nature. They offer unbiased accounts in the signing procedure. There is a risk that the will can be challenged and said invalid without witnesses.

They carefully look at the maker’s actions and state of mind in the overall process. They notice the following issues:

  • Whether the testator is in sound mind or not
  • Presence of any influence.
  • The testator is well aware of the circumstances and future results.

The witness is a significant character who states whether the maker has signed the will at their full willingness and without any form of influence.

Witnesses must offer their contact information and sign an affidavit and a sworn statement to confirm their presence and the will’s validity. The documents will play a crucial role when any form of will contestation arises.

The witnesses need to know about the importance of their role and fulfil their duties with the utmost integrity and honesty.

Role of lawyers in validating wills

Will lawyers are also known as estate planning attorneys. They focus on assisting people like you and me to create legally binding documents that state the assets that will be distributed after their death. They have a basic knowledge of the complex laws and regulations of wills, trusts and probate. They work closely to guarantee that the wishes are fully reflected in the wills. They ensure that every legal requirement is met as per the best possible standards.

You can get assistance to reduce estate taxes and protect assets from creditors. You must consult with a wills lawyer in Perth to ensure that all last wishes are documented properly. Moreover, the will must be legally enforceable.


Will validation be needed to avoid disputes and confusion among your near and dear ones. This guarantees peace of mind when you know the assets are distributed as you wish. Deceased Estate Lawyers Perth are an excellent option to ensure the validity of your will. They have a good track record of success with highly qualified professionals who add value. They use state-of-the-art technology and follow the needed legal protocols to guarantee accuracy and reliability.

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