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Legal Terms - execution of a will
The legal procedure of validating a testator's will. The Wills Act 1837, Section 9, mandates that the will be in writing and signed by the testator or by an individual in his presence and under his direction. The signature must be made or acknowledged (see acknowledgment) by the testator in the presence of at least two witnesses who must also sign the will or acknowledge their signatures in the testator's presence. A "signature" for these purposes does not necessarily have to be the individual's "usual" signature; it can be a simple mark that is intended to signify the individual's name (Hindmarsh v Charlton (1861) 8 HL Cas 160). A will that is witnessed by a beneficiary or the beneficiary's spouse/civil partner is not invalid; however, the gift to the beneficiary or spouse/civil partner is void (Wills Act 1837 s 15). A clause in a will that allows an executor to charge for their services is not considered a gift for the purposes of section 15, allowing the executor to act as a witness without forfeiting their charges (Trustee Act 2000 s 28).
The legal procedure of validating a testator's will. The Wills Act 1837, Section 9, mandates that the will be in writing and signed by the testator or by an individual in his presence and under his direction. The signature must be made or acknowledged (see acknowledgment) by the testator in the presence of at least two witnesses who must also sign the will or acknowledge their signatures in the testator's presence. A "signature" for these purposes does not necessarily have to be the individual's "usual" signature; it can be a simple mark that is intended to signify the individual's name (Hindmarsh v Charlton (1861) 8 HL Cas 160). A will that is witnessed by a beneficiary or the beneficiary's spouse/civil partner is not invalid; however, the gift to the beneficiary or spouse/civil partner is void (Wills Act 1837 s 15). A clause in a will that allows an executor to charge for their services is not considered a gift for the purposes of section 15, allowing the executor to act as a witness without forfeiting their charges (Trustee Act 2000 s 28).
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