Wills - Validating a Will

Once your Will has been drafted and the provisions have been decided, a solicitor or Will writer is happy with its contents, you must then go on to observe the strict rules about signing your Will. This is where an attestation clause will be helpful and a necessary reminder of what needs to be done. The Will should contain an attestation clause anyway, that is a clause explaining the process of signing and witnessing the signing of the Will. When it comes to the proving of the Will after the testator's death, and it is found that the clause is missing, then it will be necessary to have an affidavit or a sworn statement, from one of the witnesses to explain what happened when the Will was signed and witnessed.

This could cause great difficulties if the witnesses are unavailable. An attestation clause should usually come be written as, 'Signed by the testator in our presence and attested by us in his/her presence and in the presence of each other.'

If the testator is registered blind, the attestation clause must then state that the Will was read to the testator and that they understood it, they signed it or, alternatively, it was signed on their behalf. This is advisable to be done by a solicitor if applicable. Appropriate variations can be made for illiterate testators or people who cannot read, or testators who are physically disabled who may not be able to read or write.

To make the Will valid it needs to be signed first by the testator in the presence of two witnesses who should both be there together when the testator signs. The witnesses should then go on to sign in the presence of the testator and of each other.

It is crucial that the witnesses both be present when you sign and must then 'attest' and sign the Will themselves. The testator and their witnesses should ensure they sign at the bottom of each page of the Will.

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