In practice, how critical to follow attestation precisely?

[Dev'sAd]

I've read of a few cases where the witnessing process was pretty lax at best, but the attestation was still considered valid. Does anyone know just how critical it is that every requirement is nailed down, or the consequences of it not being? Any examples?

I understand the attestation process should involve:

1) At least two witnesses are required.
2) The witnesses should at least 'know' it is a Will that they are signing. (Is that actually the case?)
3) The testator signs their Will, and both witnesses must be present and observe this taking place. (That's pretty essential)
4) Each witness then takes it in turn to sign their witness section, whilst themselves being witnessed by - at least - the testator, but not essentially by the other witness?

And min age of 18, not being blind or drunk, of sound mind, not a beneficiary, etc etc.

Which of the above - or anything else - is 'critical'?

Thanks.

[atticus]

s9 Wills Act 1837 must be complied with. Its requirements are not quite as you have set out.

https://www.legislation.gov.uk/ukpga...7/26/section/9

[Dev'sAd]

With respect, Atticus, that doesn't really help me.

[atticus]

I have answered the question that was asked.

With respect, if you seek help, you should be specific about the help you need.

[Pezza54]

Please read the government guidance "Making a Will" "Make sure your will is legal" at www.gov.uk

If the testator is unable to sign the will they can ask someone else to sign on their behalf

Both witnesses do not need to sign it at the same time as each other.

Witnesses must have a clear view of the testator signing. These rules appear to imply that if the witnesses are not present at the same time, the testator has to sign the will twice

In England and Wales witnessing the signing of a will can be carried out remotely (eg video conferencing)

[Dev'sAd]

Please read the government guidance "Making a Will" "Make sure your will is legal" at www.gov.uk

If the testator is unable to sign the will they can ask someone else to sign on their behalf

Both witnesses do not need to sign it at the same time as each other.

Witnesses must have a clear view of the testator signing. These rules appear to imply that if the witnesses are not present at the same time, the testator has to sign the will twice

In England and Wales witnessing the signing of a will can be carried out remotely (eg video conferencing)

Thank you, Pezza. That's very helpful.

Yes, I have looked at the documents, but was curious about how rigid this was in reality. For example, two witnesses present, one goes off to make a cuppa and comes back to find the testator has signed the Will in front of the other witness whilst they were in the kitchen. How strict would the requirement be that the testator signs the Will again in front of the absent witness?

I guess no real answer - it would have to be tested in court!

[sederunt]

In England and Wales witnessing the signing of a will can be carried out remotely (eg video conferencing)
[/QUOTE]

The remote witnessing of wills was a Covid inspired temporary provision introduced in England and Wales and which ceased in February 2024.

[Pezza54]

Thanks for correcting me. Remote signing was around for 3 years, outlasting the pandemic. It was probably stopped due to the additional risks