When a client makes a will, they are trusting their solicitor to get the formalities right. The law here is strict and unforgiving: if a single requirement is missed, the entire will can fail, and the testator's wishes count for nothing. Their estate then passes under an earlier will or the intestacy rules — and the solicitor faces a negligence claim. Knowing these rules precisely is what lets you draft, supervise execution, and advise on validity with confidence.
This lesson covers:
- Nature of a Will and Section 9 Requirements — what a will is and the four cumulative formalities that make it valid.
- The Testator's Signature — what counts as a signature, who may sign, and where it can appear.
- Attestation by Witnesses — the two-stage witnessing process and the co-presence rule that trips people up.
- The Attestation Clause — how a proper clause proves due execution and what happens without one.
- Witness-Beneficiary Rule (Section 15) — why a witness who is also a beneficiary loses their gift, and the exceptions.
- Privileged Wills — the narrow exemption that lets some people make a will free of the usual formalities.
- Alterations and Republication — when changes after execution take effect, and how codicils republish a will.