Episode 35: risks of an informal will

In this episode of the Wills and Estates Podcast, Tony speaks with Emma from de Groots about the risks of informal wills and why handwritten notes, text messages or other documents can create serious complications for an estate.Emma explains the formal requirements for a valid will and what can happen when those requirements are not followed. In some circumstances, a Court may recognise an informal document as a will, but that can create additional uncertainty, cost and delay.The discussion also covers what can happen when someone writes changes directly onto an existing will and whether those handwritten amendments could be treated as an informal codicil.What is an informal will?What are the formal requirements for making a valid will?Can a handwritten note be treated as a will?Can a text message or video recording contain testamentary wishes?What happens if you write changes directly onto an existing will?What is an informal codicil?Why executors may need to bring informal documents to the Court’s attentionThe additional cost and delay informal wills can createWhy properly updating a will is safer than relying on informal changesAn informal document may sometimes be recognised as a will, but relying on that process can create uncertainty and additional legal expense.If you want to make or change a will, the safer approach is to obtain proper legal advice and ensure the document is prepared and executed correctly.In This EpisodeKey Takeaway