Study Set Content:
Definition of 'sign' ito of wills act
Sign can be making initials or making a mark.
Who can only sign by making a mark?
T can only sign by using mark. If anyone else signs by mark, the Will is INVALID
Jhajbhai v The Master
- Signature does not need to be the full name of the person who signed, can even be pseydonym. As long as person who signs intends for this to be their signature it is valid
Ricketts v Bryne
Printed letters constitute a mark and cannot be used as valid siganture. Only testator can signed by using printed letters.
What is a mark?
- An X
- Thumb Print
- Rubber Stamp
Requirements when T signs with mark...
- Commissioner of Oaths must be present,
- COO must acquire necessary certification
Does amanuensis sign with own name or T's name?
- May sign eitherway.
- If signing with own name it is common to use the abbreviation p.p (per procuratoniem) to show that they are signing in a representative capacity.
Sterban v Dixon
- Attestation clause is at most a record that the testator and witnesses intended to sign.
- Attestation clause is not conclusive proof that parties did in fact sign the will in accordance
Kidwell v The Master
- T signed 9cm away from the end of the written part of the Will
- Will was declared invalid as signature was not reasonably close enough to the end of the will
- Therefore end of the Will is not at the bottom of the page, but end of the will is where the written portion of the will ends.
Who is a competent witness S1 of WA?
- Person 14+ years old at the time of witnessing the will
- Not incompetent to give evidence in the court of law
Who is incompetent?
- Person who is mentally ill
- Person who is under the influence of drugs/alcohol
What does attest mean?
The act of witnessing the testastor/amanuensis sign.
Presence with witnesses is sufficient...
Where the witnesses are in the room at the time of the signing and had seen T sign or could have seen T sign.
Presence only requires..
Parties to be in the same room where they could have seen person signed, other room , signature not valid.
Karani v Karani
- Witnesses did not sign in the presence of each other at the same time
- Court held will is invalid
Liebenberg v The Master
- Witnesses may sign anywhere on the last page.
- Witnesses do not need to sign every page.
Do witnesses need to know that they are signing a will in order for it to be valid?
No, even if witnesses think they are signing another doc, signature still valid.
Do witnesses need to read or know the contents of the will in order for it to be valid when signed?
Witnesses do not need to read or know the contents of the will for it to be valid.
May a witness also be a beneficiary of the will?
Yes witness may, as long as they are competent
Where must CoO sign?
Anywhere on every page.
