Formal requirements must be met and the testator must have the capacity to make a will.
1. Writing. Except for wills by the categories of persons enumerated in Section 28 of the Act such as soldiers and sailors, all will s must be in writing. There is no specified form of writing. The testator can have it typed out, printed or lithographed. He can write it out himself. Other documents may also be referred if they are in existence at the time of the will.
2. Signature. This can take various forms: initials, crosses and even inked thumb-print. A partial signature may be sufficient depending on the facts. The will can be signed either by the testator or someone in his presence and under his direction. The signature must be placed at the foot of the will or the end thereof. All that is crucial is that it shows that the testator intended by his signature to give effect to the writing on his will. The signature must be so placed 'at, or after or fllowing , or under, or beside, or opposite to, the end of the will'. Any writing after the signature would not form part of the will.
3. Witness. To satisfy this requirement:(a) the testator must sign either in the presence of two witnesses or acknowledge that the signature is his in the presence of two witnesses; (b)there can be more than two witnesses but they must be present at the same time; and (c)they must sign after the testator has signed or acknowledged his signature. The witnesses need not know the content of the document as teh law merely requires them to attest, that is be witnesses of a signature.
4. Capacity. Everyone at the present day has the capacity to make a valid will except:(a)Minors, that is, persons under the age of 21. (b)Persons of unsound mind and understanding. This does not mean that eccentric or foolish persons or persons with peculiarities cannot draw up a valid will . They may draw up valid wills during moments of lucidity.
For full testamentary capacity, three things must exist together: the testator must understand the nature of his act of drawing the will and its effects, the extent of the property of which he is disposing and the claims to which he ought to give effect.
Where the testator's free will and intention to make a will has been inhibited by others in any way, the will is invalid. This is not a matter of capacity but the free will and intention of the testator called'animous testandi'. Coercion, undue influence and fraud will affect the 'animous testandi'. There is no presumption of undue influence because of special relations. There must be proof that the testator did not make the will of his own free will.
1. Writing. Except for wills by the categories of persons enumerated in Section 28 of the Act such as soldiers and sailors, all will s must be in writing. There is no specified form of writing. The testator can have it typed out, printed or lithographed. He can write it out himself. Other documents may also be referred if they are in existence at the time of the will.
2. Signature. This can take various forms: initials, crosses and even inked thumb-print. A partial signature may be sufficient depending on the facts. The will can be signed either by the testator or someone in his presence and under his direction. The signature must be placed at the foot of the will or the end thereof. All that is crucial is that it shows that the testator intended by his signature to give effect to the writing on his will. The signature must be so placed 'at, or after or fllowing , or under, or beside, or opposite to, the end of the will'. Any writing after the signature would not form part of the will.
3. Witness. To satisfy this requirement:(a) the testator must sign either in the presence of two witnesses or acknowledge that the signature is his in the presence of two witnesses; (b)there can be more than two witnesses but they must be present at the same time; and (c)they must sign after the testator has signed or acknowledged his signature. The witnesses need not know the content of the document as teh law merely requires them to attest, that is be witnesses of a signature.
4. Capacity. Everyone at the present day has the capacity to make a valid will except:(a)Minors, that is, persons under the age of 21. (b)Persons of unsound mind and understanding. This does not mean that eccentric or foolish persons or persons with peculiarities cannot draw up a valid will . They may draw up valid wills during moments of lucidity.
For full testamentary capacity, three things must exist together: the testator must understand the nature of his act of drawing the will and its effects, the extent of the property of which he is disposing and the claims to which he ought to give effect.
Where the testator's free will and intention to make a will has been inhibited by others in any way, the will is invalid. This is not a matter of capacity but the free will and intention of the testator called'animous testandi'. Coercion, undue influence and fraud will affect the 'animous testandi'. There is no presumption of undue influence because of special relations. There must be proof that the testator did not make the will of his own free will.
