Are you entitled to make a Will?

If you're over 18 years of age then you're legally entitled to make a Will. However, if you are under the age of 18, but you're married, you are entitled to make a Will.

However, there are a few exceptions. You need of course to be of sound mind and reasonable understanding. If you have a disability that may compromise your judgement, then it may be the case that a Will that you draft may be considered invalid, or in other words, of no worth.

A Will must be made of your own free choice, or in other words, you shouldn't be coerced by anyone to insert in it, things you don't agree with or are inconsistent with your wishes.

One last thing, if you are under the age of 18, but you're married, you are entitled to make a Will.

There's often a lot of confusion out there in relation to "what actually is a Will."

People sometimes confuse a Will with a Power of Attorney. Well, they're completely different.

Essentially, a Will is a document that lays out your wishes in relation to the distribution of your estate upon your death. Now, the term "estate" means everything that you own.

Now, for a Will be to be valid, there's a fair few things that it must have. So, in the next few steps if we think you would benefit from seeing a Solicitor, we'll let you know.

Let's get into it with the easy stuff.

Learn more about The Will Kit by clicking here.

The Will Kit is the brainchild of Australian Lawyer Dan Toombs.

Dan is a multi-award winning lawyer, having been the recipient of many of Australia's most prestigious commendations . He was admitted as a Barrister of the Supreme Court of Queensland in 1998 and since, has been instrumental in both law and administrative reform. In addition, in association with his colleagues, as Chief Executive Officer, he transformed The Advocacy & Support Centre (formerly the Toowoomba Community Legal Service) into Australia's largest and most awarded.

He founded Australia's first criminal law service for people who suffer from mental illness, intellectual disability and/or an acquired brain injury.

He later founded the Queensland Criminal Justice Centre, an initiative emanating out of his work in New York City with the Centre for Court Innovation.

In December 2010, after years practicing as a lawyer in Toowoomba he regularly noticed people receiving poor legal representation and advice. In response, he created LawBuddy, a free legal information and free lawyer referral platform.

In 2005 he was appointed as a Member of QCAT formerly, the Guardianship & Administration Tribunal.

In 2007, he was appointed as a Director of Legal Aid Queensland.

Dan has been awarded the 2009 Australian Leadership Award, 2008 Catholic Social Justice Award, 2007 Winston Churchill Fellowship, 2006 National Human Rights Law Award and the 2006 Queensland Disability Award. In July 2010, he graduated from the Harvard-inspired, Queensland Leadership Program.

He is also presently writing Queensland's first criminal law textbook on the plight of those most disadvantaged and their contact with the Queensland Criminal justice system. "Disability and the Queensland Criminal Justice System," will be published by Australia's leading law publishing company, Thomson Reuters in February 2012.