Section 9 of the Wills Act 1837 (WA 1837) provides that a Will is not valid unless it is in writing and signed by the testator, the testator intended by his signature to give effect to the Will, and that the signature is made or acknowledged in the presence of two or more witnesses who are present at the same time. In addition each witness must either attest and sign the will, or acknowledge his signature in the presence of the testator. See Practice Note: Validity of Wills—signature.
There have been numerous cases relating to the form of signature that a testator must affix to a Will, and the courts have shown significant flexibility in this regard. For example in Re Jenkins the testator had become infirm and was not able to sign
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Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.
Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).
