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19 July 2018 / Amy Proferes
Issue: 7802 / Categories: Features , Wills & Probate
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Amy Proferes explains the lessons of the Paynes & the requirements for witnesses attesting a will

  • Looks at the case of Re Payne (Deceased).
  • The difference between signing and subscribing.
  • The importance of intention to sign.

​The recent Court of Appeal decision in Re Payne (Deceased) [2018] EWCA Civ 985 clarified a fundamental question about the requirements for formal validity of a will: must the attesting witnesses sign the will, or is it enough for them merely to write their names?

Section 9 of the Wills Act 1837 (as substituted by s 17 of the Administration of Justice Act 1982) requires that:

‘No will shall be valid unless—

(a) it is in writing, and signed by the testator, or by some other person in his presence and by his direction; and

(b) it appears that the testator intended by his signature to give effect to the will; and

(c) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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