Last amended by Administration of Justice Act 1982 in 1982. Introduced the power to rectify wills and the armchair principle for interpretation.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The foundational statute governing the formal requirements for making a valid will in England & Wales. Section 9 (as amended) requires that a will must be in writing, signed by the testator (or by some other person at the testator's direction and in their presence), and the signature must be made or acknowledged in the presence of two or more witnesses present at the same time, who each sign the will in the testator's presence.
Key Points
- Writing, signature, and two witnesses required (s.9)
- Will revoked by marriage (s.18)
- Witness beneficiary rule (s.15)
- Testator must have capacity (Banks v Goodfellow)
- Knowledge and approval required
- Will must be in writing and signed by the testator (s.9)
- Signature must be made or acknowledged in the presence of two witnesses (s.9)
- Witnesses must attest and sign in the presence of the testator (s.9)
- A beneficiary who witnesses the will loses their gift (s.15)
- Will is revoked by marriage (s.18) but not by civil partnership (amended)
- Will may be revoked by destruction with intention (s.20)
- Republication and revival of revoked wills (ss.22, 34)
- Will must be in writing and signed
- Two witnesses must be present at the same time
- Revocation by later will, destruction, or marriage
- Gifts to attesting witnesses are void
Parts & Sections
Amendments History
1982 — Administration of Justice Act 1982
Introduced the power to rectify wills and the armchair principle for interpretation.
1982 — Administration of Justice Act 1982
Introduced rectification of wills (s.20) and interpretation provisions (s.21).
1982 — Administration of Justice Act 1982
Introduced provisions for rectification of wills and interpretation in light of surrounding circumstances.
Frequently asked questions
- What are the basic requirements for a valid will in England and Wales?
- Under Section 9 of the Wills Act 1837, a will must be in writing and signed by the testator, or by another person at the testator's direction and in their presence. The signature must be made or acknowledged in the presence of two or more witnesses who are present at the same time. Each witness must then sign the will in the testator's presence to ensure the document is legally valid.
- What happens if a beneficiary signs a will as a witness?
- If a beneficiary, or their spouse, witnesses a will, they lose the specific gift left to them in that document. However, the rest of the will remains valid. This rule, found in Section 15, prevents conflicts of interest by ensuring witnesses do not benefit from their role in attesting the document.
- Does getting married cancel an existing will?
- A will is automatically revoked if the testator gets married after making it, unless the will was made in the expectation of that specific marriage. This provision is located in Section 18 of the Act. It is important to note that entering into a civil partnership does not revoke a will under the amended provisions.
- Can a will be corrected if it contains a mistake?
- The Administration of Justice Act 1982 introduced the power to rectify wills under Section 20. This allows courts to correct errors in a will to reflect the testator's true intentions. It also introduced interpretation provisions in Section 21, which allow wills to be interpreted in light of surrounding circumstances, often referred to as the armchair principle.
- How can a will be revoked or cancelled?
- A will can be revoked by the testator destroying it with the intention to revoke it, as per Section 20. It can also be revoked by making a later will or by marriage. Additionally, revoked wills may be republished or revived under Sections 22 and 34, provided the necessary formalities are met.