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The importance of the manner in which a Will is signed and the process that is followed, so that you end up with a valid legal Will, cannot be underestimated. While there is beginning to be some relaxation in the law in this area, it remains best practice to follow the age old formalities.

Read your Will carefully

• Read the Will carefully to make sure that it complete and represents your intentions.
  
• Make sure all pages are present and are numbered
  
• If you are in any doubt - take additional legal advice from your usual lawyer.
  

Witnesses

• You must have two (2) witnesses
  
• The witnesses should both be over the age of 18 years.
  
• A witness must not be a person who is left anything in your Will (that is, a beneficiary).
  
• A witness must not be the husband or wife of a beneficiary, or engaged to marry a beneficiary.
  
• It is best practice that a witness should not be an executor
  

Signing and dating the Will

• You should explain to your witness that you have read your Will and that it correctly represents your intentions.
  
• Your witnesses need to be satisfied that you have capacity to make your Will at the time you sign. If the Will maker or witnesses are in any doubt about will making capacity further legal advice must be taken.
  
• The Will maker and witness should sign every page.
  
• You and your witnesses should all use the same pen and sign with your usual signature.
  
• The pen may be either biro or ink so long as it leaves a mark, which is non-erasable.
  
• You and your witnesses must all be present during the entire process of signing, and all persons present must watch each signature being written.
  
• Fill in the date in the space provided.
  
• The first witness must then sign on every page, and add his or her full name, occupation and address. Then the second witness must sign on each page and add his or her full name, occupation and address.
  

Extra safeguards

• It is best not to make hand written changes to your Will. It is far safer to make the change to the word document and reprint it.
  
• If you intend to sign your Will outside Australia, you will need to take additional specific legal advice.
  
• Once you have signed the Will, carefully staple it together in the top left corner and place it in safekeeping or store it in a place known to your executors. (If you muck up the stapling - it is best to reprint the Will and re-sign it rather than leaving extra holes or marks which raise the question of whether something else was attached to the Will.)
• Be careful not to mark the Will with a pin or paper clip. It can be folded.
  

This is just a sample of the detailed and practical content of LawPacks. See our complete list of wills starting from only $14.50

More resources: www.onlinelegal.com.au

The High Court today handed down its long awaited decision of the challenge to the constitutional validity of the Work Choice amendments.

The court by a 5 to 2 majority upheld its validity.

Link to the full transcript:

http://www.austlii.edu.au/au/cases/cth/high_ct/2006/52.html

From the Office of Fair Trading:

Consumers faced with debt collectors should not put up with ’strong-arm’ tactics, says [Queensland] Fair Trading Minister Margaret Keech.

“Most people when they think of debt collectors think of shady characters and pushy practices,” Mrs Keech said.

“Consumers chased up for debts may be concerned at the prospect of what could happen if they don’t pay up and aren’t always aware of their rights.

“What most consumers don’t know is that debt collectors must be licensed by the Office of Fair Trading.

“Debt collectors using ’shaming’ techniques, physical force, undue harassment or coercion are breaking the law - if you experience this type of treatment, let the Office of Fair Trading know.

“Any agent breaching the Fair Trading Act 1989 faces prosecution and fines of up to $40,000 for an individual and $202,000 for a corporation.”

Mrs Keech also warns consumers of bogus debt collectors.

“There are reports in the US of consumers being chased up for debts they don’t owe,” Mrs Keech said.

“If you receive a notice for a debt you’re unsure of, dispute it. Ask for account information proving the debt.

“In cases of mistaken identity, contact the financier to whom the debt is owed to try to resolve the situation.

“Get legal advice before paying money towards an old debt or one which you do not believe you owe.”

For advice, or to lodge a complaint about a pushy debt collector, call the Office of Fair Trading on 13 13 04 or visit www.fairtrading.qld.gov.au.

Australian Fair Pay Commission web site

Office of Employment Advocate web site

More online legal resources > www.onlinelegal.com.au