Study Set Content:
What are the 5 ways to validly execute a will...
Follow S2(1)(a)(i-iv)
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What is not required for a valid will?
An attestation clause.
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Attestation Clause
- Example “Signed at this location on this day of number of month year in the presence of two witnesses at the same time”
- The will does not have to be dated or the place of execution does not have to be mentioned in order for will to be valid
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Thaker v Naran Case
- If at first glance/face value it seems that the will has been signed by T and two witnesses in their presence at the same time there is a rebutable presumption of validity that the will has been validly executed
- Person who alleges the will is invalid must prove this on a balance of probabilites in order to rebut the presumption
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Does the Will have to be a written document?
- No express statement in S2(1)(a) that says it must be written document but other formalities refer to pages which must be signed
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It is an implied requirement within S2(1)(a) that the..
Will must be in written form (handwrittenOR typed and printed)
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What are considered invalid forms of wills because they are impossible to sign..
Oral wills, made in video, audio, wills saved in electronic format on a computer or whatsapp.
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However s2(3) may sometimes...
Condone invalid forms of wills.
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Is the Electronic Communications and Transactions Act applicable to wills?
No, ECTA not applicable to wills.
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Study Set Content:
What are the 5 ways to validly execute a...
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What is not required for a valid will?
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Attestation Clause
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Thaker v Naran Case
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Does the Will have to be a written docum...
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It is an implied requirement within S2(1...
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What are considered invalid forms of wil...
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However s2(3) may sometimes...
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Is the Electronic Communications and Tra...
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