Updated 22 November, 2020 Sometimes an unsigned will is left in situations where the willmaker, in consultation with lawyers, has been in the process of making a new will, but died before the requirements to make a valid legal document were completed. Leaving such a testamentary document raises important questions. Did the deceased approve of …
Signing and execution
Many couples wish to leave their estates to each other when they die, and then to their children. They usually nominate the same people to act as their executors and trustees, typically each other, and one or more of their children may be appointed as substitutes. Putting these intentions into writing in their individual will …
The legal formalities to make a valid will require the will-maker to sign their will in the presence of at least two people, acting as formal witnesses to the event. Signing a will in front of witnesses fulfils a protective function. Can anyone witness or attest the signing of a will? And what must they do ?
Signing a document is not the same thing as having to execute it. We might talk about signing a will but technically, a will is required by law to be executed. So what does execution mean and what has to be done to execute a will for it to be legally valid?
Forgery of a will was of great concern for the ancients. Emperor Nero established the technique of will piercing, tying with ribbon and adding stelae.
Updated 26 October 2020.
A will documents a person’s intentions for what they want to have happen when they die. To make a legally valid will means complying with all the prescribed legal requirements. Making a valid will according to law is important to its effectiveness. Who else needs to sign a will?
A will documents a person’s intentions for what they want to have happen when they die, see What is a will. It contains their instructions on who is to inherit their property and how, who will administer its disposal and any preferred arrangements for their funeral. If their intentions are to be legally effective, and ultimately put into effect, the will needs to be valid and comply with the legal rules.