Q&As

Can a Will prepared in the UK for UK assets be signed and witnessed by the client in France, and if so, does it have to be witnessed by a professional or can it be witnessed by individuals?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on: 15 June 2016
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If the testator is domiciled in England and Wales, then it should be executed and witnessed so as to comply with English law. The relevant law is set out in section 9 of the Wills Act 1837 (WA 1837) which provides that no Will shall be valid unless:

  1. it is in writing, and signed by the testator, or by some other person in his presence

Helen Galley
Helen Galley

Helen has built up a reputation as a well-respected commercial Chancery practitioner with an emphasis on property and trusts related issues. She has built up extensive and wide ranging expertise in both non contentious and contentious property matters ranging from small scale cases to multi-million pound developments. Helen has also acted in a wide range of commercial and business disputes in areas as diverse as travel, hire purchase, the media, entertainment, IPR, IT and e-commerce. Contentious and non-contentious trusts matters, both on and offshore, are a regular feature of her caseload. Helen is a member of STEP, ACTAPS, the Property Bar Association, the Chancery Bar Association and IAL as well as an accredited mediator. Helen is recommended as “a first-rate advocate” in Legal 500 2015 for private client (trusts and probate), partnership and professional negligence. She is said to be “consistently able to provide excellent advice in a charming and friendly style” and is “responsive, hugely supportive and extremely user-friendly”.

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Jurisdiction(s):
United Kingdom

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