Summary
The Wills Act 1837 governs the formalities required for a valid will in England and Wales. It prescribes that a will must be in writing, signed by the testator (or at their direction), and attested by two witnesses. The Act also addresses revocation of wills, revival, and the effect of marriage and divorce on a will.
Key Points
- 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)
Parts & Sections
Amendments History
1982 — Administration of Justice Act 1982
Introduced rectification of wills (s.20) and interpretation provisions (s.21).