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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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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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