Validity of Wills

Featured guidance
Validity of Wills guidance:

In order to make a valid Will, the testator must satisfy a capacity test on two separate occasions: • when they give instructions for the drafting of the...

Practice Note

Definition and purpose of a Will In general terms, a Will is a document made in accordance with the formal requirements laid down by section 9 of the Wills Act 1837 (WA...

Practice Note

Validity Once the Will has been obtained, check both it and any codicil comply with the legal requirements for a valid Will. Check the Will: • has been executed and in...

Practice Note

Amendments to a Will A testator, having drawn up a Will, may wish to make amendments to it, either before they execute it, or after. In simple cases, it is better to...

Practice Note

Distinction between movables and immovables English law makes a distinction between movable and immovable assets; succession to movables is governed by the law of...

Practice Note

Format of a Will There is no set way in which a Will has to be drafted but convention over many years has supplied a tried-and-tested format. While styles may differ...

Practice Note

Conditions of incorporation A testator may incorporate in their Will a document that has not been duly executed by them, and so make that document part of their Will (the...

Practice Note

Form of Will If a Will is rational, in regular form and appears to be duly executed, various presumptions apply: • due execution • capacity • knowledge and approval Due...

Practice Note

Statement of the privilege In English law, the Statute of Frauds 1677, enabled soldiers and sailors to make informal Wills. Section 11 of the Wills Act 1837 provides...

Practice Note

The court's power to rectify A claim for rectification is not actually a probate claim as such, but it is relevant under that general heading by way of an amplification...

Practice Note

Date of death Section 9 of the Wills Act 1837 (WA 1837) set out uniform requirements for all Wills and provided that: 'No will shall be valid unless it shall be in...

Practice Note