Valid execution of will

Question 1

What are the basic requirements for a will to be validly executed?

Answer 1

The will must be:

Question 2

What are the basic requirements for a will to be validly executed?

Answer 2

• In writing

Question 3

What are the basic requirements for a will to be validly executed?

Answer 3

• Signed by the testator or someone directed by the testator to sign

Question 4

What are the basic requirements for a will to be validly executed?

Answer 4

• Signed by the testator in the presence of two or more witnesses

Question 5

What are the basic requirements for a will to be validly executed?

Answer 5

• Signed by each witness in the presence of the testator

Question 6

Can a mark be used as a signature on a will?

Answer 6

Yes, a mark intended as a signature (such as an unfinished signature, thumbprint, or signature stamp) may be sufficient.

Question 7

Where should the signature of the testator typically be placed in a will?

Answer 7

Signatures are usually at the end of the will but may be included in the body of the will.

Question 8

Can a witness sign the will on behalf of the testator?

Answer 8

Yes, a witness may sign for the testator if directed by the testator to do so.

Question 9

What are the requirements for the witnesses when signing a will?

Answer 9

The will must be signed by the testator in the presence of two or more witnesses, and each witness must sign in the presence of the testator (but not necessarily in the presence of the other witness).

Question 10

Is an attestation clause necessary in a will?

Answer 10

An attestation clause is not necessary but is useful. It confirms that the requirements were met (e.g., “signed by the testator in our presence and then by us in his”). If not included, proof must be provided that the requirements were met.