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If there is more than one page of a Will but the pages are bound together in the wrong order is the Will valid?

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Last updated on 19/05/2015

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  • If there is more than one page of a Will but the pages are bound together in the wrong order is the Will valid?

If there is more than one page of a Will but the pages are bound together in the wrong order is the Will valid?

The requirements for a valid Will in accordance with Wills Act 1837, s 9  (as amended by the Administration of Justice Act 1982) are set out in the Lexis®PSL Practice Note: Validity of Wills—form of Will.

In short, a Will may be in any form, provided:

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

  2. it appears that the testator intended by his signature to give effect to the Will

  3. the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and

  4. each witness either:

    1. attests and signs the Will; or

    2. 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

In addition, the testator's intention that the document should operate after their death must be fixed and final.

It follows from the above that a Will

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