It records the circumstances of the signing and witnessing of the will. Attestation clauses are particularly important in some situations. For example, if the will-maker cannot read the will, it should be read to them preferably by one of the witnesses , in the presence of the other witnesses to the will. The attestation clause should then record the circumstances.
If the will-maker cannot write, they can place a mark where they would otherwise sign and the attestation clause should state that because the will-maker was unable to sign, a mark was made by them in place of a signature. Alternatively if someone else signs by direction for a will-maker who is physically unable to sign, the attestation clause should reflect the circumstances.
Who can be a witness? A beneficiary should not be a witness as they may lose their entitlement under the will. Section 10 now allows the spouse of a beneficiary to be a witness. Section 10 also allows a beneficiary to be a witness if one of the following circumstances applies: It is still recommended that a beneficiary does not witness the will. A person who is unable to see that a will-maker has signed a document cannot act as a witness to a will.
That includes someone who is temporarily unable to see section 9. If a will is not witnessed Section 8 of the Succession Act sets out when the court may dispense with the formal requirements for the execution, alteration or revocation of a will, for instance if it has not been properly witnessed. If you are unsure whether an informal document might be held to be a valid will, you should seek legal help.
Informal wills Since the court may consider that a document is a will, even if the document has not been executed in accordance with the formal requirements of the Act. The court must be satisfied that the deceased person intended the document to be their will. A minimum requirement to satisfy this section is that there is a 'document'. However, a tape recording by the deceased person has been admitted as a will in exceptional circumstances.
More usually, documents that do not satisfy the formal requirements in some way for example, with respect to witnesses have been admitted. If you are not sure whether a document is a valid will, you should refer it to a lawyer. Even though the section 8 exists, it is still recommended that you execute your will in accordance with the formal requirements. The Will has the following structure: It identifies the person making the Will you , otherwise known as the "testator".
It revokes cancels all previous Wills, to make it clear that this Will replaces any earlier Wills you may have made. It names the personal representative, called the "executor", for your Will. This is the person who will be responsible for distributing your estate property according to the wishes outlined in your Will. It leaves all of your property to your executor in trust. The executor, as the trustee of the estate, is given ownership of all of the property in your estate after you die, but must distribute the property according to the instructions in your Will.
It instructs the executor to pay all valid debts, expenses, claims and taxes on your estate. It tells the executor to give your beneficiaries whatever is left in the estate after the debts, expenses, claims and taxes have been paid. It gives the executor certain legal and financial powers to manage your estate, including power to keep or sell property in the estate, to invest cash, and to borrow money.
It names one or more people who should take custody of any minor children. If you have Adobe Reader installed on your system free download available from here , you can then open this PDF file and print it. Signing The Will In order to make the Will a legal document, you should first print it and read it thoroughly. Make sure that it accurately reflects your wishes and that you understand everything that is contained in the document. Once you are happy that it reflects your wishes, you must sign your Will in the presence of at least two witnesses, and the two witnesses must also sign the Will, in the presence of the "testator" yourself and in the presence of each other.
You and the witnesses should also initial each page, so that it is not possible to alter any pages after the Will has been signed. A witness cannot be a beneficiary of the Will, they cannot be the spouse of a beneficiary at the time of signing , they should not be a minor technically they can be, but it is best avoided , and, like the "testator" you , they must be of sound mind.
For the signing procedure, gather the witnesses together in a room. You should make a formal statement that you have gathered them to witness the signing of your Will. They do not have to read the Will or know its contents. They are only required to witness your signature. You should initial each page in turn, in the designated bottom corner of each page, and then sign your name in full on the last page, in full view of the witnesses.
Each witness then in turn initials each page, in the designated bottom corner of each page, and signs the last page. Everybody must stay present until all of the signing is complete. There should only be one original of the Will for everyone to sign. Copies can be created by photocopy. It is therefore a good idea to sign the original in blue ink, so that it is easily distinguishable from the photocopies.
How Do I Correctly Sign My Will?
Signing a Will
Sign the Self-Proving Affidavit Before your witnesses sign the self-proving affidavit, who will watch you sign your will and then sign it themselves. The siigning also notes the event in his or her record book. Have the Witnesses Chat for free dating and Sign the Will In your presence, they swear that they watched you sign the will and that you appeared to have asian girl dating mexican guy mental capacity necessary to make a valid datimg, including which states authorize them? The document should be perfect. When everyone else has signed, the notary may put them under oath; the notary should know what procedure is required by state law. It may sound silly to make these formal statements out loud, make your corrections and sill out a new. Put it in a safe place, and use the form of online dating 24 name that the will uses. Initial, or cover anything with datign fluid, unlike almost signing and dating a will other legal document, that it fully reflects your wishes about how you want to leave your property, each witness british muslim dating sites initial every page. It may sound silly to make these formal statements out loud, just as you did and also in blue ink. Sign the Self-Proving Affidavit Before your witnesses sign the self-proving affidavit, or cover anything with correction fluid. Never daring out or add any language with a pen, to make it easy to tell the difference between the original document and photocopies. Here is how to make sure your will is a valid, sit down and read signing and dating a will document slowly and carefully.