header-logo header-logo

19 January 2018 / Monika Byrska
Issue: 7777 / Categories: Features , Wills & Probate
printer mail-detail

My will, my way

nlj_7777_speakers

Are unconventional methods of will making about to become our everyday reality? Monika Byrska considers the options

The formal requirements for a valid will are set out in s 9 of the Wills Act 1837. In layman’s terms, for a will to be valid in England and Wales, it must be in writing and it must be signed by the testator in presence of two witnesses, who must also sign it. This seems straightforward. Yet, in a survey carried out in 2015 by the Association of Contentious Trust and Probate Specialists (ACTAPS), ‘inadvertent failure to observe formalities required for due execution’ was cited as one of the main reasons for probate and will disputes. Why?

Time to modernise?

The black letter law set out above has long been upheld in cases like Re Colling [1972] 1 WLR 1440 [1972] 3 All ER 729, or Re Groffman [1969] 1 WLR 733 [1969] 2 All ER 108. In that case, the judge was ‘perfectly satisfied that the document was intended by the deceased to be executed as his will’, but felt forced to find against the will’s

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll