Amy Proferes explains the lessons of the Paynes & the requirements for witnesses attesting a will
- Looks at the case of Re Payne (Deceased).
- The difference between signing and subscribing.
- The importance of intention to sign.
The recent Court of Appeal decision in Re Payne (Deceased) [2018] EWCA Civ 985 clarified a fundamental question about the requirements for formal validity of a will: must the attesting witnesses sign the will, or is it enough for them merely to write their names?
Section 9 of the Wills Act 1837 (as substituted by s 17 of the Administration of Justice Act 1982) requires that:
‘No 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
