Is a homemade will valid?

  • A will must be in writing
  • It must be signed by the testator at the end
  • It must be witnessed by two witnesses, both present when the testator signed, or present when the testator acknowledged her signature
  • Both the witnesses must sign in the presence of the testator

These technical requirements are set out in the Wills, Estates and Succession Act.  However, the Act contains other sections that save wills which do not meet these requirements.  As such, if the court is satisfied that an email or document saved on a computer represents the testamentary intentions of the deceased, that electronic document can be admitted into probate.

A will may be invalid for many reasons, affecting who inherits.  We can determine whether it is valid.  Contact us.

Read the Wills Act

 

Top