formalties to make a will

Question 1

who can make a will

Answer 1

over 18, have the capacity and comply with formalities

Question 2

what happens if a testator can’t sign a will themselves

Answer 2

section 9 (1)(a) - can be signed by some other person in there presence. using a guiding hand or at the testators request.

Question 3

how can a testator sign the will

Answer 3

can be an x
must be there name or something that represents them
re Chalcroft- the best the testator can do- she signed half her name
can be at the top of the will - wood v smith
weatherhill v pearce - signed in the attestation clause

Question 4

what is section 15 of the wills act 1837

Answer 4

gifts to witnesses or their spouses can’t take effect

Question 5

do the witnesses need to know what the testator is signing

Answer 5

no

Question 6

what cases show there needs to be an unobstructed line of sight

Answer 6

brown v skirrow and Casson v dade

Question 7

what case shows that the witnesses must be there when the testator signs the will

Answer 7

re Colling

Question 8

what is an attestation clause

Answer 8

It explains the circumstances in which the will was signed and witnessed. It is still valid without one.