Formalities For A Will – Date Of Will
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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 2018).
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
- external sites: New Leaf Will Writers Federation