Handwritten wills: are they valid in SA?
A handwritten will can be valid in SA if it meets the execution requirements. Here's what that means – and why it's still risky.
Yes, a handwritten will can be valid in South Australia – provided it's signed by the testator and witnessed by two adult witnesses present at the same time. The form doesn't need to be typed. But handwritten wills carry more risk than typed ones.
The validity rules are the same
Section 8 of the Wills Act 1936 (SA) doesn't require a specific format. It requires:
- Writing (handwritten or typed)
- Signed by the testator
- Witnessed by two adult witnesses present at the same time
- Signed by both witnesses in the testator's presence and each other's
A handwritten will that meets these requirements is legally valid.
Why handwritten wills are riskier
Legibility
Handwriting becomes hard to read when it matters most – years later, when the testator has died. A typo or unclear word can create interpretation issues.
Ambiguity
Handwritten wills rarely have the structure of drafted wills – no clear residuary clause, no substitute beneficiaries, no executor appointments. The result is interpretation problems.
Changes and crossings-out
Handwritten wills often have crossings-out or later additions. These raise questions: were the changes made before or after execution? If after, they may not be valid.
No drafting review
A handwritten will doesn't have the benefit of a lawyer checking whether it addresses everything important – super, guardianship, substitute beneficiaries, tax considerations.
Holographic wills
A ‘holographic will’ is a will entirely in the testator's handwriting. Historically, some countries recognised holographic wills without witnesses. Australia doesn't – witnessing is still required here.
Emergency handwritten wills
Sometimes a handwritten will is made in emergency circumstances – before surgery, terminal illness, or a dangerous trip. If witnessing is possible, a handwritten will can bridge the gap until a proper will is drafted.
The dispensing power
South Australia has a dispensing power that lets courts accept non-compliant documents as wills if the court is satisfied the deceased intended them as their will. This can rescue a handwritten will with witnessing defects – but at the cost of a court application.
Summary
Handwritten wills can be valid in SA if witnessed correctly. But they're more likely to have defects, ambiguity, and gaps than drafted wills. A fixed-fee drafted will is usually the better path.
Talk to Sam about your situation
If this article raised questions for your own circumstances, Sam Michele offers free 20-minute initial consultations. Learn more about our wills service, or book a consultation.
Related reading
- What makes a will valid in South Australia
- Common will drafting mistakes that cost families thousands
- Wills – our approach
Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.