Such circumstances will excite the suspicion of the court and demands that it closely examines the evidence in support of the instrument.It is essential that the Testator’s signature is put to the document after the testamentary dispositions have been included, unless the writing of the Will and making of the signature were all part of one operation.It is sufficient that the witnesses can see the Testator writing what the court determines to be his signature.As previously mentioned, a witness should not be a beneficiary to the Will.A Will shall not be valid in the absence of such intention.For example, if a Testator is under the false understanding that a Will is not valid until dated, and therefore signs it and leaves it undated, he lacks the requisite intention to execute the Will.It followed that the Will was properly executed and could be admitted to probate, following which it could be rectified to properly express his intentions. This requires the witnesses to be in the visual presence of the Testator at the relevant time.
When contesting a Will the first task is to determine whether it has been executed in compliance with the Wills Act 1837.
In addition, for deaths arising after 1 January 1983, Section 9 of the Wills Act 1837 (as substituted by the Administration of Justice Act 1982, s.
17) (‘the Act’) dictates that no Will is valid unless: A Will may be documented by a range of different means that make the terms visible (i.e. Where a Will is written in both pencil and ink, there is a presumption that the pencil text is merely deliberative and will be excluded from probate unless the court determines that it represents the Testator’s final intentions.
The Act provides a number of formalities that must be complied with in order to ensure that a Will is valid.
As a general rule, a Testator must have attained the age of 18 at the time of making a Will (the Wills Act 1837, s.7).