How must a will be executed?

Video transcript

Today’s question is ‘How must a will be executed?’ This is a covered by section 6 of the Succession Act and it comprises three points.

• The first point is that a will is not valid unless one the testators – the will maker – signs the document or someone else at the testator’s direction, and in their presence. That means that someone else can sign the will on behalf of a testator in their presence and at their direction. It doesn’t have to always be the will maker. This would be a very unusual circumstance, but the law does permit it.
• A will is also not valid unless the testator signs the will in the presence of at least two witnesses – those witnesses must be adults of sound mind and not have any interest in the outcome of the will, such as being executor or beneficiary.
• Third point is that at least two of those witnesses must sign the will in the presence of the testator.

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