Equity and the Law of Trusts Chapter 5 §2

Requirements for a Valid Will under the Wills Act 1837

• The Law of Property Act 1925 does not affect wills.
• The Wills Act 1837 applies to legal estates and equitable interests in all forms of property.
• Section 9 of the Wills Act 1837 sets out the requirements for a valid will.
• The Administration of Justice Act 1982 amended Section 9 of the Wills Act 1837.
• The will must be in writing and signed by the testator or someone else in their presence and by their direction.
• The testator's signature must show an intention to give effect to the will.
• The testator's signature must be made or acknowledged in the presence of two or more witnesses present at the same time.
• Each witness must either attest and sign the will or acknowledge their signature in the presence of the testator.
• No specific form of attestation is required.
• Failure to comply with these requirements renders the purported will absolutely void.
• Cases on fully secret and half-secret trusts were once thought to be exceptions to the requirements of Section 9.
• It is now settled that there is no conflict between the rules relating to secret trusts and the provisions of the Wills Act 1837.