Q&As

Where a witness has simply printed their name rather than ‘signed’ a Will, will this be a valid Will if all other formalities have been completed?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 29/11/2016

The following Wills & Probate Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a witness has simply printed their name rather than ‘signed’ a Will, will this be a valid Will if all other formalities have been completed?

Where a witness has simply printed their name rather than ‘signed’ a Will, will this be a valid Will if all other formalities have been completed?

Section 9 of the Wills Act 1837 (WA 1837) provides that a Will is not valid unless it is in writing and signed by the testator, the testator intended by his signature to give effect to the Will, and that the signature is made or acknowledged in the presence of two or more witnesses who are present at the same time. In addition each witness must either attest and sign the will, or acknowledge his signature in the presence of the testator. See Practice Note: Validity of Wills—signature.

There have been numerous cases relating to the form of signature that a testator must affix to a Will,

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