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.