WHY DOES A WILL HAVE TO BE IN WRITING AND WITNESSED?

If the law requires that a legal will is to be signed by the testator in front of witnesses, what happens if the person dies after the will is written but before it is signed? It is in section 8 of the Wills Act that the requirements of a valid will are set out. That section states that to be a legal will it must: a) be signed by the testator (or by some other person in the testator’s presence     and by their direction); and b) appear that the testator intended by the signature to give effect to the will;     and c) the signature...

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OVERCOMING SUSPICION ABOUT THE VALIDITY OF YOUR WILL.

Are you thinking of writing a Will or updating your existing Will? It is very important to engage a competent and independent legal advisor when writing a will. Your will is not valid unless its contents are known to and approved of by you as the testator. A person claiming on your will must satisfy the Court that this will they are propounding (putting forward for acceptance) is your last Will and you made it as a ‘free and capable’ person. Arguments may arise as to whether or not you were ‘mentally capable’ and whether you ‘read...

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HOW DO I REVOKE A WILL?

Make sure the legal formalities are followed when you make any change to your legal will or uncertainty and unnecessary expense can result. Recently the Supreme Court was faced with a situation in which a legal will had been made and was held by solicitors, but the client later wrote to them saying that she had made a new will and the one they were holding was cancelled. The problem was, despite exhaustive enquiries and searching no-one could find any record of another will. For a will to be revoked in this way the document must be witnessed...

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