Invalid Will?
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Does the Will comply with Section 9 of the Wills Act 1837
- Is it in writing?
- Is it signed by the Testator and 2 independent witnesses?
Contact us for advice on mental capacity issues
Did the Testator have sufficient mental capacity? – did they:
- know what a Will was?
- know (roughly) what their assets were?
- know who they might be expected to benefit?
- have a "sound disposing mind" free from disease which caused them to make a gift, that they would not otherwise have made?
- and, if the Testator, was ill or elderly, did the Will-writer follow the 'Golden if Tactless Rule'?
Was the Testator free from duress and undue influence? (i.e. threats that override a Testator's own intentions)?
Did the Testator know and approve the contents of the Will?
