Blog Layout

Article: Demystifying Will Formalities

Demystifying Will Formalities

Writing a Will may appear to be a simple exercise for some however writing it is just the start; if the formalities are not satisfied then despite having written your Will, you could still die intestate if your Will is deemed invalid. Below we answer some ‘FAQs’ on Will formalities:


How do you execute a will?


The standard formalities for executing a will are:

  • The will must be in writing and the testator must sign it, or another person must sign it in their presence and at their direction
  • It must appear that the testator intended by their signature to give effect to the will
  • The signature must be either made or acknowledged in the presence of at least two witnesses present at the same time
  • Each witness must sign the will, or acknowledge their signature, in the presence of the testator (but not necessarily in the presence of any other witness)

Who can witness a will?


A will can be witnessed by anyone over 18 with mental capacity as long as neither they nor their spouse/civil partner benefit from it.


How many people should witness a will?


Two people should witness the testator’s signature and then they must also sign the will in the presence of the testator.


Does a will need to be dated?


There is no legal requirement for a will to be dated however when there is doubt as to the date of the will, evidence may be requested by the Probate Registry following the testator’s death to prove that the will admitted to Probate is their last will and testament. To avoid ambiguity, the will should always be dated. The will should be dated the day that it is executed.


Can a will be altered or amended?


It is possible for a testator to change their will without making an entirely new will – this can be done by the preparation and execution of a codicil. Alterations could also be made to the will already in existence following its execution, providing that the alterations are done correctly, are clear and executed (i.e. with the testator and witnesses’ initials beside the alteration/s). Many complications can arise from alterations made to an existing will therefore the best way to update your wishes and make changes to your will is by writing a new one.


Should a will be handwritten or typed?


It is strongly recommended that a will is mostly typed (save for the date, signature and witnesses names, addresses and signatures) to ensure it reads clearly and subsequently printed on durable paper. It is however possible that a will could be handwritten – also known as a holographic will. A holographic will could be written using pen or pencil though there is a presumption that where a combination of both pen and pencil have been used, the parts in pencil the testator had not yet made a definite decision on therefore are likely to fail.


What if the testator is unable to sign their will?


If the testator is unable to sign their will due to a physical disability perhaps, then they can mark the will. The mark doesn’t need to take a prescribed format however the mark must be intended by the testator to give effect as their signature. A will may also be signed by someone else on the testator’s behalf as long as they do so at the direction of the testator and in their presence.


Preparing a Will – not so simple after all!


At Blackhams Solicitors, we oversee the execution of all Wills that we prepare, giving your wishes the best possible chance of being upheld following your death and your Will not failing on a technicality. Seek the assistance of a qualified professional in both the preparation and execution of your Will – get in touch on 0121 233 6900 or email us on info@blackhams.com for your free consultation.


Article written by Michelle Abbott TEP, Head of Private Client Department.

Posted: 10 October 2023

135 year old law firm appoint Family Solicitor as Partner

June 29, 2023
135 year old law firm appoint Family Solicitor as Partner

What is the Difference Between a Secret Trust and a Half Secret Trust?

By Harkeert Kaur Samra • June 7, 2022
A secret trust can be used to conceal the identity of the recipient of a legacy. An example would be in the testator’s will it might read ‘I leave £50,000 to John’. On the face of it, this may look like the Testator has left £50,000 to John. However, the Testator has secretly asked John to hold the £50,000 on trust for Simon. As the Will does not make any reference to the trust, no one would know that the £50,000 is being paid to Simon. This can cause problems, as the success of the gift depends on John acting honestly and passing the money onto Simon. There could be problems also if John dies before the Testator. A half secret trust is where the Will creates a trust, but it does not reveal any of the details of who the beneficiaries usually are. The Will would leave the gift to the trustees to hold on trust ‘for purposes already communicated to them’. The existence of these sorts of trusts can create further complications for executors when administrating an estate.  If you require further information please contact our Private Client department on hsamra@blackhams.com or telephone 0121 233 6916.

What are the Implications of the Economic Crime (Transparency and Enforcement) Act 2022 for the Property World?

By Harkeert Kaur Samra • April 29, 2022
The fast-tracked Economic Crime (Transparency and Enforcement) Act 2022 received Royal Assent on 15th March 2022, creating a new public Register of Overseas Entities (the OE Register). UK entities already have an obligation to disclose their beneficial ownership information under the PSC (People with Significant Control) regime however, this new register will apply where the UK property is held by a non-UK legal entity. This register will capture any overseas entities who hold freehold titles or leasehold titles of longer than seven years in England and Wales (a Qualifying Estate). The register will document the name, address and start date of the person who is the beneficial owner as well as the nature of the person’s ownership. This information must then be updated every 12 months. The scope of a Qualifying Estate is wide-reaching. For any Qualifying Estate that has been acquired since 1999 and still owned by an overseas entity, then that entity will be required to register. Additionally, any property dealings post 28th February 2022 will require the overseas entity to be registered.  It is not yet clear when the register will be implemented but with the deadline for compliance six months from implementation, overseas entities that could be caught by the new legislation should assess their position immediately to ensure compliance. If you require further information please contact our Conveyancing department on rsnipe@blackhams.com or telephone 0121 233 6912.

What Can we Learn from Banks v Goodfellow?

By Harkeert Kaur Samra • April 8, 2022
Understanding Banks vs. Goodfellow | A Guide to Testamentary Capacity and Its Relevance in Modern Contested Probate Cases.

Tenants’ Break Clauses in Commercial Leases

By Harkeert Kaur Samra • March 18, 2022
Tenants’ break clauses, giving tenants the right to bring their lease to an end early are becoming increasingly common in commercial leases with the object of giving the tenant a degree of flexibility in relation to their rented premises. It is vital to get things right both when the break clause is being drafted before the lease is granted and when seeking to operate the break. From the tenants’ point of view any conditions attached to their ability to operate the break clause should be kept to an absolute minimum. Landlords will always insist that the rent (and probably other payments) due under the lease must be up to date and that possession of the premises is given up by the break date (which in practice means clearing the property completely) but other conditions such as compliance with all of the other tenant’s covenants in the lease (e.g. the covenant to keep in full repair) should be resisted by the tenant at the negotiation stage. Other considerations are whether the break opportunity is to be a one-off on a specific date or if it will be a “rolling break” which could be operated at any time after a certain date and the length of notice that must be given to the landlord.

Can I Give Witness Evidence via Video Link?

By Harkeert Kaur Samra • March 11, 2022
In ASR Interiors Ltd v AWS Trading Ltd & Anor [2022] , a witness attempted to give video evidence while driving a van. It has been reported that one of the witnesses called by the defendant, ‘appeared to be driving a van while dividing his attention between the road in front of him and the camera of a mobile device placed on the passenger seat’. The judge requested the hearing be stopped and directed the defendant to re-establish contact with the witness once he was stationary. The second time contact was made, Mr Singh appeared to be in a busy office with distracting amounts of background noise. On the judge’s request, he found a quieter storeroom in the building, but Singh then had to disappear with the video link running while he ran back to the office to get his statement. The judge recorded that Singh did not have his exhibit to the witness statement to hand or know about a brochure he referred to in the statement. The judge then proceeded to say counsel for the defendant ‘wisely accepted that the process was not turning out to be a successful one’ and opted to rely on Singh’s statement only. The judge said this was ‘realistic’ but did not give Singh’s statement any weight.
More Posts
Share by: