What formalities are required for an individual to make a valid will in your jurisdiction?
In England and Wales, a will must be made in writing and must be signed by the testator, testatrix or by some other person in his or her presence and by his or her direction. This signature must be made or acknowledged by the testator in the presence of two witnesses, who must be present at the same time. Each witness must either sign the will or attest their signature in the presence of the testator or testatrix, but not necessarily in the presence of another witness.
There is no requirement for a will to be dated unless it appoints guardians of a minor. However, if there is doubt regarding the date on which a will was executed, evidence may be required to establish it.
If a beneficiary under the will, or their spouse or civil partner, witnesses the will, the legacy to that beneficiary is void.
Formalities are relaxed for wills for servicemen on active service. These may be written in a paybook or even made verbally.
The Law Commission issued a consultation on the reform of the law of wills in England and Wales in July 2017, which proposes regulations to permit electronic wills or electronically executed wills. This reform is still awaited. However, temporary legislation came into effect on 28 September 2020, permitting wills executed between 31 January 2020 and at least 31 January 2022 to be witnessed virtually, where it is not possible to do so in person. This rule was introduced in recognition of the difficulties presented by social distancing and other rules for executing wills during the covid-19 pandemic.
England & Wales Guide
The England & Wales guide answers the principal questions for Private Clients relating to the law in this jurisdiction.
