LAW: Inheritance

Inheritance - Wills

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Inheritance - Wills

A will (or testament) is: a formal declaration by a person (testatrix or testator) of what he wants to happen to his property after he dies.

The testator must be:

  • 18+ (unless on active service or sailor at sea- 14+)
  • of sound mind (mentally ill - periods of lucidity are acceptable)
  • acting of his own free will

Formalitites of making a will are set out in the Wills Act 1837 as amended by the Administration of Justice Act 1982 and are that the will must be:

  • written
  • signed by the testator in the presence of two witnesses. (Wood v Smith)
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Inheritance c'tnd

Witnesses:

  • at least 2
  • must see the signature or mark but no necessarily being made it.
  • must be competent- no set age limit
  • cannot benefit from the will - Ross v Caunters (1979), unless there's at least 2 who don't benefit - Wills Act 1968
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