ChatterBank0 min ago
wills
my mother in law has informed my wife that she has left written intructions for her as to how her money etc. is to be dealt with if any thing happens to her. I know this is not a will and we are trying hard to talk her into doing it properly, but how would it stand up in law???..
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The shortest legal will was just three words:
All to Evelyn.
As Evelyn was his wife there was no doubt to his intention so it was held to be valid. The point is the meanings must be absolutely clear and if it is, it will stand up in court should anyone contest it.
However, when a person writes their own will (or quasi will) the meanings may be perfectly clear to them, but totally ambiguous to a third party - there are too many 'buts' and 'ors' and 'ifs'.
So, not a very helpful answer - her instructions will stand up in law if they are clear and without alternative interpration; a badly worded will would not stand up in law.
All to Evelyn.
As Evelyn was his wife there was no doubt to his intention so it was held to be valid. The point is the meanings must be absolutely clear and if it is, it will stand up in court should anyone contest it.
However, when a person writes their own will (or quasi will) the meanings may be perfectly clear to them, but totally ambiguous to a third party - there are too many 'buts' and 'ors' and 'ifs'.
So, not a very helpful answer - her instructions will stand up in law if they are clear and without alternative interpration; a badly worded will would not stand up in law.
Ethel correctly points out that a will does not have to be a complex document. However, a will is totally invalid if it's not properly signed and witnessed.
Section 9 of the Wills Act 1837 (as amended by the Administration of Justice Act 1982) states:
"No will shall be valid unless�
(a) it is in writing, and signed by the testator, or by some other person in his presence and by his direction; and
(b) it appears that the testator intended by his signature to give effect to the will; and
(c) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and
(d) each witness either�
(i)
attests and signs the will; or
(ii)
acknowledges his signature, in the presence of the testator (but not necessarily in the presence of any other witness),
but no form of attestation shall be necessary."
So the simple answer to your question ("How would it stand up in law?") is that it would have no standing whatsoever.
Chris
Section 9 of the Wills Act 1837 (as amended by the Administration of Justice Act 1982) states:
"No will shall be valid unless�
(a) it is in writing, and signed by the testator, or by some other person in his presence and by his direction; and
(b) it appears that the testator intended by his signature to give effect to the will; and
(c) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and
(d) each witness either�
(i)
attests and signs the will; or
(ii)
acknowledges his signature, in the presence of the testator (but not necessarily in the presence of any other witness),
but no form of attestation shall be necessary."
So the simple answer to your question ("How would it stand up in law?") is that it would have no standing whatsoever.
Chris
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