Tag Archives: proper execution of a will

How does an executor prove the proper execution of a will?

There are formalities involved in making a will. One such formality is with respect to the execution of a will. Section 4 of the Wills Act sets out the execution requirements. It provides in part that:

A will is not valid unless

(a) at its end it is signed by the testator……,

(b) the testator makes or acknowledges the signature in the presence of 2 or more attesting witnesses present at the same time, and

(c) 2 or more of the attesting witnesses subscribe the will in the presence of the testator.

Read full article