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Wills - The Formalities
People very often imagine that all they need
do to make a will is to write down on a
piece of paper what they want and to sign
and date it. Nothing could be further from
the truth. The formalities involved in
making a will are very technical and they
can, and do, frequently trip up amateur
will-makers. The results of apparently
simple mistakes can lead to costly
litigation which can very easily be avoided
when the will is originally drafted.
Whether these formalities should be so
technical is, of course , debatable but so
long as they exist it is sensible to have
any will professionally drawn up and not to
attempt to do it yourself. One such
formality is laid down by section 9 of the
Wills Act 1837 and it will give a flavour of
what is involved:
"No will shall be valid unless:
it is in writing, and signed by the
testator, or by some other person in his
presence and by his direction; and
it appears that the testator intended by his
signature to give effect to the will; and
the signature is made or acknowledged by the
testator in the presence of two or more
witnesses present at the same time; and
each witness either - (i) attests and signs
the will; or (ii) acknowledges his
signature, in the presence of the testator
(but not necessarily in the presence of any
other witness), but no form of attestation
shall be necessary."
These are by means the only formalities
attending the making of a will and, indeed,
the necessary formalities can vary according
to the circumstances. There are also rules
about beneficiaries and spouses of
beneficiaries acting as witnesses to the
will. All in all, the process is by no means
straightforward and it is a very foolhardy
person who relies upon a home made will.
Incidentally, it is approximately only one
adult in three who has a will which is a
surprisingly low figure considering the
benefits that a will can provide at normally
very modest cost. |
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