Technical requirements of a will

  • must be in writing
  • signed by person making will (called the testator) with the apparent intention of approving the will (usually at the foot of each page)
  • if testator is weak, his hand may be assisted to sign
  • signing by another person in the name of the testator is permitted as long as testator present and directs that it be signed. This allows a person who is physically disabled to make a will. This other person may also then be a witness to the will.
  • if testator unable to read, may be read over to him in presence of witnesses.
  • testator's signature must be witnessed by (at least) 2 persons who then sign themselves - all in the presence of each other.
  • all should use the same pen as testator to avoid suggestions that they signed at different times.
  • witnesses should print their name and address under signature so they can be found if necessary when the testator dies. They would normally only be needed if there is some doubt that the will was signed properly.
  • witnesses can be any person old enough to give evidence in a court - not necessary to have JP or similar).
  • witnesses cannot receive a benefit under the will nor can their spouse (if witness or spouse named in will, the will is still valid but they or their spouse can't get the benefit).
How old must you be to make a will?
Can I make my own will without a solicitor?
 

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Sunday, 16 December 2018
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