England and Wales Last wills

Testator dies on after 1 January 1983Monika Drela

The will act 1837 section 9No will shall be valid unless—

(a)it is in writing, and signed by the testator, or by some other person in his presence and by his direction; and(b)it appears that the testator intended by his signature to give effect to the will; and

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

(d)each witness either—

(i)attests and signs the will; or

(ii)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.]

Privileged Wills

• the law also provides for unwritten wills known as Privileged Wills. Privileged wills are wills made informally by a testator who has privileged status. Privileged status is granted to soldiers, mariners or seamen who are in “active military service”. Situations where privileged wills may occur is when a soldier, who is mortally wounded in combat, makes a statement or oral disposition of his property to another person before he dies.

Section 15

• If any person shall attest the execution of any will to whom or to whose wife or husband any beneficial devise, legacy, estate, interest, gift, or appointment, of or affecting any real or personal estate (other than and except charges and directions for the payment of any debt or debts), shall be thereby given or made, such devise, legacy, estate, interest, gift, or appointment shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of such person, or any person claiming under such person or wife or husband, be utterly null and void, and such person so attesting shall be admitted as a witness to prove the execution of such will, or to prove the validity or invalidity thereof, notwithstanding such devise, legacy, estate, interest, gift, or appointment mentioned in such will.

presumption

• If someone dies and it is known he has made a will. But it cannot be located, there is presumption that it has been destroyed with the intention of revoking it (animo revocandi)

• Exeption: Sugden v Lord St Loenards

Heirs v. personal representatives

• Executor (willc court), • administering the estate = winding up • grant of representation, pay debts, distribute

the estate• The grant of probate – court authenticates the

will, and the will becomes public document

Registration of wills in UK

• Applying for probate is reserved legal activity – solicitors, barristers and notaries are entitled to charge fees other persons not

• The will may be refused probate on the ground of forgery

• It is possible to deposit will for safe-keepieng with the High Court – Principle Probate Registry