Section 9 Signing and attestation of willsF1

England, Wales and Northern Ireland

(F21)

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 same time; and

(d)

each witness either—

(i)

attests and signs the will; or

(ii)

acknowledges his signature,

in the presence of the testator (but not necessarily in the presence of any other witness),

but no form of attestation shall be necessary.

(F32)

For the purposes of paragraphs (c) and (d) of subsection (1), in relation to wills made on or after 31 January 2020 and on or before 31 January F42024, “presence” includes presence by means of videoconference or other visual transmission.

Annotations

Textual amendments

F1: S. 9 substituted by Administration of Justice Act 1982 (c. 53, SIF 116:5), ss. 17, 73(6)
F2: S. 9 renumbered as s. 9(1) (28.9.2020) by virtue of The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 (S.I. 2020/952), arts. 1, 2(2) (with art. 3)
F3: S. 9(2) inserted (28.9.2020) by The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 (S.I. 2020/952), arts. 1, 2(3) (with art. 3)
F4: Word in s. 9(2) substituted (1.2.2022) by The Wills Act 1837 (Electronic Communications) (Amendment) Order 2022 (S.I. 2022/18), arts. 1, 2(2)

Notes on the whole Act

Textual amendments

F1: Act (except s. 1 in part and s. 11) repealed (N.I.) (1.1.1995) by S.I. 1994/1899 (N.I. 13), art. 38, Sch. 3 (with art. 36, Sch. 2 para. 15(1)-(3)); S.R. 1994/372, art. 2