Invalidating a will uk

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For a Will to be valid, the Testator needs to be physically present (within visual sight, albeit he does not need to avail himself of the opportunity to look) and mentally present (conscious of the attestation).It is important to remember that the witnesses do not need to sign in the presence of each other, only in the presence of the Testator (cf.It is sufficient that the witnesses can see the Testator writing what the court determines to be his signature.As previously mentioned, a witness should not be a beneficiary to the Will.When the Testator directs another person to sign the Will on his behalf and that person does so, in the presence of the two witnesses, he must indicate to the witnesses that the signature was placed there at his request.

The Will is then ‘signed’ by the Testator within Section 9 (a), and no subsequent acknowledgement of his signature is necessary.A Will shall not be valid in the absence of such intention.For example, if a Testator is under the false understanding that a Will is not valid until dated, and therefore signs it and leaves it undated, he lacks the requisite intention to execute the Will.The Act provides a number of formalities that must be complied with in order to ensure that a Will is valid.As a general rule, a Testator must have attained the age of 18 at the time of making a Will (the Wills Act 1837, s.7).The fact that a Testator has been assisted in signing the Will does not render it invalid, albeit in instances where they are too weak to do so it is permissible (and perhaps prudent) to allow someone else to sign on the Testator’s behalf (see below).