7 Fun Facts About Wills in Australia
Dave Kaplan3 MIN READ 
Our seasoned guide-readers will know that these (very fun) Willed lawyers are, in fact, quite partial to some fun facts. You’ll know this from such guides like:
Groundbreaking, page-gripping, unstoppable previous guides aside – if you’re on the lookout for some interesting facts about Australian Wills, then, as Rihanna and Calvin Harris would say, This is What You Came For.
Behold – 7 facts you might not know about Wills in Australia:
1. A Will is still valid if it is not dated.
It’s recommended that a Will is dated. See, if there are multiple Wills, it can be difficult for family and legal professionals to figure out which is the final Will, and therefore – the valid one. The whole point of a Will is to outline your true wishes of where you want your assets to go, and to take care of your loved ones. Therefore, to ensure that the lawyers (or the Courts) can actually do what you want, you should probably stick the date of writing on that important legal document. However, this is only a guideline – an undated Will is still valid in Australia. Facts.
2. A Will can be written in any language.
Bueno, right? However, to avoid translation and interpretation mix-ups, it is preferable to write it in English, s’il vous plaît.
3. In general terms, a Will does not expire.*
Often, Wills are drawn up years before a person dies, *but a Will remains valid unless it is revoked or a later Will or codicil is made. A formal codicil can be made to make alterations to a Will. However, it is generally preferable to write a new Will that incorporates the required amendments, rather than to have two documents that can be difficult to read together.
4. In life-or-death situations, some people make holographic Wills. (These do expire).
A holographic Will is simply a Will that is entirely handwritten. In some countries, holographic Wills are only acknowledged under specific circumstances, such as when the individual making the Will is isolated, in imminent danger, or facing death. Some legal jurisdictions may also make exceptions for unwitnessed holographic Wills, like for military personnel who are engaged in active combat, or sailors at sea. However, in these cases, the holographic Will’s validity is limited and expires after a certain period.
5. Handwritten signatures are the gold standard.
Speaking of handwritten Wills, you may have foregone the ink and actually electronically signed (or e-signed) a contract for a new job before, or maybe even given your approval for a medical procedure online. In our digital age, everything seems to be done online these days! However, when it comes to the topic of Wills and the importance of witnesses actually witnessing the signing, there can be a serious margin of error. Cases have existed in the past where even though the meeting was recorded, the actual signing of the Will appeared out of frame, and the Will was deemed invalid. So, don’t be that person, and sign in person! (However, if for whatever reason it absolutely must be done online, accommodations need to be made to ensure that all procedures are being carefully followed.)
6. Pets can’t be named as beneficiaries
So, this one is extra interesting. See, in a divorce, pets are legally considered to be the ‘property’ of their owners. More specifically, they are seen as “chattels” – like furniture, white goods, or similar. However, when it comes to death and Wills, it is not possible in Australia to name your beloved pet as a beneficiary. However, you can still make sure they are cared for. Read our guide on Looking after your pet in your Will to learn more.
7. There is (technically) no official reading of the Will in Australia
If you’re a Wes Anderson fan, you’ll be familiar with the infamous reading of the Will scene in The Grand Budapest Hotel, where Jeff Goldblum straight serves in his role of Vilmos Kovacs – who was appointed to undertake the financial affairs of the hotel. In this iconic scene, Kovacs reads the last Will and Testament of the hotel owner, Adrian Brody’s handlebar moustache gets the screen time it deserves, and the extras (or ensemble cast, shall we say) go freakin’ wild over a painting titled Boy with Apple. (It’s great stuff.)
In Australia, none of that dramatic Will-reading stuff happens… although, you might be entitled to a copy if you’re considered to be an ‘entitled person’ (this isn’t what probably comes to mind. It refers to a certain category of people).
Wrap up
From dating your Will to ensuring that you detail your wishes for your pets, we hope that these fun facts will help you on your Will-writing journey!
PSST! Need some help? Get in touch with our (super fun, super friendly) lawyers today.
Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal, financial, accounting or tax advice.
