To ensure execution of a Will, prescribed guidelines must be followed. There must be at least two witnesses. Both witnesses must attest and subscribe the will in the presence of the Testator and each other. The Testator must sign his name at the foot or end of the Will.
Note well that by Section 6 of the Wills Act, Failure to follow any or all three canons may cause the will to be invalid.
A Testator may have someone sign on his/her behalf and that person may either sign the Testator’s name or ‘his own name on behalf of the Testator’.
Here is form only where the testator wishes to divide his property specifically and absolutely amongst his children and/ or other objects.
Next: Gifts to attesting witnesses are void (November 2, 2016)
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