LAW: Inheritance

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)

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