Validity

11 Requirements for validity of wills

(1)

A will must be in writing.

(2)

A will must be signed and witnessed as described in subsections (3) and (4).

(3)

The will-maker must—

(a)

sign the document; or

(b)

direct another person to sign the document on his or her behalf in his or her presence.

(4)

At least 2 witnesses must—

(a)

be together in the will-maker’s presence when the will-maker—

(i)

complies with subsection (3); or

(ii)

acknowledges that—

(A)

he or she signed the document earlier and that the signature on the document is his or her own; or

(B)

another person directed by him or her signed the document earlier on his or her behalf in his or her presence; and

(b)

each sign the document in the will-maker’s presence.

(5)

As evidence of compliance with subsection (4), at least 2 witnesses may each state on the document, in the will-maker’s presence, the following:

(a)

that he or she was present with the other witnesses when the will-maker—

(i)

signed the document; or

(ii)

acknowledged that he or she signed the document earlier and that the signature on the document is his or her own; or

(iii)

directed another person whose signature appears on the document to sign the document on his or her behalf in his or her presence; or

(iv)

acknowledged that another person directed by him or her signed the document earlier on his or her behalf in his or her presence; and

(b)

that he or she signed the document in the will-maker’s presence.

(6)

No particular form of words is required for the purposes of subsection (5).

Compare: Wills Act 1837 s 9 (UK)

Section 11(3): replaced (with effect on 1 November 2007), on 25 February 2012, by section 4 of the Wills Amendment Act 2012 (2012 No 22).

Section 11(4): replaced (with effect on 1 November 2007), on 25 February 2012, by section 4 of the Wills Amendment Act 2012 (2012 No 22).

Section 11(5): inserted (with effect on 1 November 2007), on 25 February 2012, by section 4 of the Wills Amendment Act 2012 (2012 No 22).

Section 11(6): inserted (with effect on 1 November 2007), on 25 February 2012, by section 4 of the Wills Amendment Act 2012 (2012 No 22).