Wills and Administration of Estates
Revision Notes – Step by Step
1. What property can be included in estate? Property owned absolutely by testator or where
testator is tenant in common
2. Validity and Capacity
18+ unless in army or sailor at sea
Mental capacity
Testator must understand: nature and broad effect of his act, general extent of his property, moral
claims.
Personal unable to make decision if unable to (S.3 Mental Capacity Act 2005) –
Understand information relevant to decision
Retain that information
Use/weigh that information to make decision
Communicate decision e.g. by writing, speech etc.
Know/approve – testator must know and approve contents of will
Intention – presumed testator intended to make will unless:
Blind/not signing personally
Suspicious circumstances e.g. major beneficiary drafting will. Other suspicious circumstances
include force or fear, undue influence, fraud and mistake
3. Formalities – S.9 Wills Act 1837
a. Writing, signed and witnessed – signed can be a stamp, signature, initials. Can be in any
language capable of being translated
b. Testator intended signature to give effect to the will
c. In presence of 2 or more witnesses. No age requirement. Beneficiary or beneficiary’s spouse
can witness but beneficiary will no longer benefit from will
d. Witness attests or signs will or acknowledges his signature in presence of testator but no
form of attestation required
4. Amendments
Pre-execution – can be amended, signed and witnessed (using same method as original will e.g. if
typed, type the amendment)
Post-execution – all 3 ways must be signed by testator and at least 2 witnesses.
1. Obliteration – cross out bit you want removed
2. Interlineation – adding something in
3. Alteration – remove something and add something new
Extra method
1. Obliteration where words are no longer apparent – obliterated words cannot be read even
with assistance e.g. magnifying class. No witness or signature needed.
5. Revocation
Revision Notes – Step by Step
1. What property can be included in estate? Property owned absolutely by testator or where
testator is tenant in common
2. Validity and Capacity
18+ unless in army or sailor at sea
Mental capacity
Testator must understand: nature and broad effect of his act, general extent of his property, moral
claims.
Personal unable to make decision if unable to (S.3 Mental Capacity Act 2005) –
Understand information relevant to decision
Retain that information
Use/weigh that information to make decision
Communicate decision e.g. by writing, speech etc.
Know/approve – testator must know and approve contents of will
Intention – presumed testator intended to make will unless:
Blind/not signing personally
Suspicious circumstances e.g. major beneficiary drafting will. Other suspicious circumstances
include force or fear, undue influence, fraud and mistake
3. Formalities – S.9 Wills Act 1837
a. Writing, signed and witnessed – signed can be a stamp, signature, initials. Can be in any
language capable of being translated
b. Testator intended signature to give effect to the will
c. In presence of 2 or more witnesses. No age requirement. Beneficiary or beneficiary’s spouse
can witness but beneficiary will no longer benefit from will
d. Witness attests or signs will or acknowledges his signature in presence of testator but no
form of attestation required
4. Amendments
Pre-execution – can be amended, signed and witnessed (using same method as original will e.g. if
typed, type the amendment)
Post-execution – all 3 ways must be signed by testator and at least 2 witnesses.
1. Obliteration – cross out bit you want removed
2. Interlineation – adding something in
3. Alteration – remove something and add something new
Extra method
1. Obliteration where words are no longer apparent – obliterated words cannot be read even
with assistance e.g. magnifying class. No witness or signature needed.
5. Revocation
