Signing and Storing your Will

To be valid and enforceable under Australian law, your Will must:

1. Be in Writing: Your Will must be a written document, either typed or handwritten.
2. Be Signed by You: You must sign your Will at the end of the document.
3. Be Witnessed by Two Adults:
   • Two independent witnesses must watch you sign the Will.
   • Witnesses must also sign the Will in your presence and in the presence of each other.
   • Witnesses cannot be beneficiaries or married to beneficiaries in the Will.

Without these steps, your Will may not hold up in court.

1. Why Is Signing Your Will Important?

Your signature confirms that:

• The Will reflects your true intentions.
• You created the Will voluntarily, without pressure or coercion.
• The document is complete and ready to be executed.

Without a valid signature, your Will might not be enforceable, leading to complications during the probate process.

2. Steps To Sign Your Will

Step 1: Review Your Will

Before signing, read through your Will carefully:

• Ensure all sections are complete and accurate, including names, dates of birth, addresses and other identifying information
• Confirm that it reflects your current wishes.
• Avoid leaving any blank spaces or ambiguities.

If English is not your first language and you cannot read or understand English well, you will also need to arrange for a qualified Interpreter to attend the signing with you and your two witnesses. Your Interpreter must:

1. Have the required qualifications to do the interpretation;
2. Not be related to you;
3. Have no interest in the Will and not be due to benefit from the Will;
4. Interpret the contents of the Will and the Annexure to you; and
5. Sign the Certificate of Translator.

Step 2: Gather Witnesses

Australian law requires two adult witnesses to be present when you sign your Will. Witnesses must:

• Be at least 18 years old.
• Not be your partner or spouse;
• Not be your nominated Executor(s) under the Will;
• Not be the spouse or partner of your nominated Executor(s) under the Will;
• Not be due to inherit from you under the Will or married to a beneficiary;
• Be mentally competent to witness your signature; and
• Be able to physically be with you and each other, to see you sign your Will in person.

Choose impartial individuals, such as colleagues, neighbours, or professionals, to act as witnesses.

Step 3: Sign the Will

• Use a pen with permanent ink (preferably black in colour).
• Digital or electronic signatures are generally not valid for Wills.
• Sign the Will at the bottom of the document or in the designated signature section.
• Write the date alongside your signature.
• Sign the bottom of every page, insert the date on the last page under “Execution” and sign and date the “Execution”;

Step 4: Witness Signatures

• Each witness must sign the Will in your presence and in the presence of the other witness, using the same permanent pen.
• Witnesses should include their full name, address, and occupation near their signature.
• Witnesses do not need to see the contents of your Will. They just need to see you sign your Will;
• Each Witness individually signs the bottom of every page and completes and signs the “Witness Attestation” on the last page of the Will;

Step 5: Finish Assembly

• No writing or alteration should be made to the Will after it is signed; and
• The Will should be stapled once at the top left corner of the Will. No pins or paper clips should be attached to a Will.

Step 6: Store Your Will Securely

Once your Will is signed as per the above, you are encouraged do the following:

• Store the physical document with your important paperwork in a personal safe, with a professional or with a document storage service, such as those tabled below:

Will Storage Services and Costs:

WillSafe

• free of charge for clients who appoint NSW Trustee and Guardian as their Executor or Attorney (including first-named substitute after a single Executor or Attorney);
• storage of a single document for $29; OR
• storage of up to 3 documents for $49

Guardian Vaults

• $100/year for documents;
• From $199-$1,110/year for safety deposit boxes

Commbank Safe Custody Facility

• Safe Custody Packet – Annual fee $120 OR monthly $10
• Non-Standard Safe Custody Packet – Annual fee $276 OR monthly $23
• Safe Custody Box – Annual fee $300 OR monthly $25

Commbank Safe Custody Vaults

• Establishment fee - $60
• Additional Key fee - $60

Lawyers

• Ranges from free to $35

Australian Will Register

• $66.00/year OR $5.50/month
• Inform your Executor(s) and family where you have kept your original Will.
• You can take a scan of the signed Will and upload it to the MuslimWills platform.

3. What If Changes Are Needed?

If you need to make changes to your Will:

• Avoid altering the original document with handwritten notes or edits.
• Create a new Will or a legal amendment called a “codicil.”
• Sign the updated document with the same witnessing procedure to ensure it remains valid.

4. Do I Need To Register My Will?

No, a Will does not need to be officially registered. However, it is important to ensure that your Executor(s) know(s) where your signed Will is stored. This will help them locate it quickly and carry out your wishes. Keep a record of its location and inform those who may need to access it after your passing.

How MuslimWills Can Help

MuslimWills simplifies the process of creating and signing your Will:

• Step-by-Step Guidance: We walk you through each stage of Will preparation, ensuring clarity and compliance.
• Legally Valid Template: We provide a template that has been catered to Australian legal requirements and Islamic principles.
• Secure Storage Options: We offer an online vault to store and share your Will securely with your Executor.

Signing your Will properly is crucial to ensure it is legally valid and enforceable. Storing it securely and informing your Executor(s) where it is stored ensures your wishes may be executed without excessive delays or confusion. By following these steps and meeting Australian legal requirements, you can provide clarity and peace of mind for your loved ones.