
← The Wills and Estates Transmission17 ago · 17 min
Episode 35: risks of an informal will
<p>In this episode of the <strong>Wills and Estates Podcast</strong>, 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.</p><p>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.</p><p>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.</p><ul><li>What is an informal will?</li><li>What are the formal requirements for making a valid will?</li><li>Can a handwritten note be treated as a will?</li><li>Can a text message or video recording contain testamentary wishes?</li><li>What happens if you write changes directly onto an existing will?</li><li>What is an informal codicil?</li><li>Why executors may need to bring informal documents to the Court’s attention</li><li>The additional cost and delay informal wills can create</li><li>Why properly updating a will is safer than relying on informal changes</li></ul><p>An informal document may sometimes be recognised as a will, but relying on that process can create uncertainty and additional legal expense.</p><p>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.</p><p>In This EpisodeKey Takeaway</p>