Formalities for Making a will Flashcards
Formalities for a Will set out in
S9 Wills act 1837 (amended by s17 Administration of Justice act 1982)
Recommended approach to executing a will
1) T & two witnesses to remain together (same room) and attentive
2) Witnesses to watch T sign and date
3) each witness to sign watched by T and other witness
4 Will to contain a correct attestation clause to reflect the above
Will Writing and signature - medium
Will can be written by hand/typed by anyone in ink or pencil or both
Pencils and Ink in same document
this causes a conflict presumption is pencil are thoughts and would be excluded, However pencil alterations can be intended a final document
Form and manner of signature for both T & Witnesses
Need not be a full signature - test is did it intend it to execute the will
Multiple pages
Should be connected together but if not must show some link - ie flow of words, impression of signature on other pages
Will itself need not be signed
Ideally should be signed but if all pages contained together and some signature on the vessel can be held valid
Signature on Behalf of T
Someone else can sign if T in able but must be at the positive direction of T
Attestation clause
Whilst not formally require its good practice to include an attestation clause providing it is amended to suit the circumstances - Ie signed by X on behalf of T
Witnesses as Beneficiary’s
S15 WA state no witness or there spouse can benefit from the will (some exclusions)
1) Witness was not married or intended to be married to Beneficiary at the time of witnessing
2) Gift given under separate intention ( ie by way of codicil they have not witnessed)
3) It the witness only inherits only as a trustee
Gifts to Executors
S28(4) Trustee Acts 2000 provides a payment to an executor is regarded as remuneration rather then a gift or legacy
