Intestacy and Validity of wills

Question 1

What are the s9 formalities for a valid will?

Answer 1

1. The testator signs in the presence of two witnesses
2. The witnesses sign in the testator’s presence
   (the witnesses do not need to sign in presence of each other)

Question 2

When is compliance with the s9 formalities presumed?/ presumption of proper execution

Answer 2

Where there is a valid attestation clause -
- states that the will was signed by the testator in the presence of two witnesses and that the witnesses signed in the presence of the testator.

Question 3

What are the capacity requirements under Banks v Goodfellow?

Answer 3

The testator must understand:
- the nature of the act of making a will
- the extent of his money and property
- the claims which he ought consider

And not be suffering from any form of delusion

Question 4

What are the requirements to show intention?

Answer 4

The testator must be aware of the document they are signing and its contents