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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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Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

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Laytons ETL—Alec Cameron

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Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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