2010 - 2017

Formalities For A Will - Date Of Will

By Stan Taylor Written on:




Want to make a start on your will?

Making a will is simple

Making a Will is not about wealth it is about making sure that what you want to happen to your estate does happen. It gives you the opportunity to specify such things as who will administer your estate, who will care for your children and who will receive specific items of your property.


Strangely enough the law does not require a will to be dated (Corbett v New 2017).

Following on from this it has been held that the lack of a date or inclusion of the wrong date does not invalidate a will (Corbett v Newey). If the testator thinks it is the 5th of the month and dates his will accordingly, it is not fatal to the will's validity that the actual date is the 4th. During the probate process extrinsic evidence as to the date of execution may be requested from witnesses if some doubt arises.

For example, a witness may be asked to swear an affidavit explaining the circumstances in which the will was signed.

The evidence is termed `extrinsic' because it is from an outside source and not obtained from examination of the will itself.

Although a date is apparently not a strict legal requirement, it is of great practical importance.

As stated previously, the avoidance of disputes after death is the guiding principle in making the will. A clear statement as to the date of execution of the will should therefore be included. It makes no difference whether this is stated at the top of the will or at the foot of it.


For more information on - Formalities For A Will - Revoking A Will or Components Of A Will


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see: Making a will - The Law Society. Please note that will making differs in Scotland and this website currently deals with English laFree Will download

 

Perhaps you might consider taking legal advice from a solicitor about making a will if any of the following apply to your circumstances:

 

  1. A number of people could make a claim on your estate when you pass away because they depend on yourself financially
  2. You want to include a trust in your will (perhaps to provide for children, to save tax, or simply protect your assets in some way after you become deceased)
  3. Your physical and permanent home is not in the UK and / or you are not a British citizen
  4. You live here in the UK but you have additional property abroad
  5. You own all or part of a UK business.
  6.  

see: Making a will - The Law Society. Please note that will making differs in Scotland and this website currently deals with English law.

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