How Should a Will Be Executed?

Intention must be free and informed

A testator must have the mental capacity to understand the document, the estate and the effect of the dispositions, and must not act under pressure, fraud or undue influence. Age or illness alone does not establish incapacity, but medical and attendance records may become important in a dispute.

Formal requirements

Under section 23 of Cap. 195, a will must be in writing and signed at its foot or end by the testator, or by another person in the testator’s presence and at their direction. The signature must be made or acknowledged before at least two witnesses present at the same time, who must sign in the presence of the testator and each other. Each page of a multi-page will should be signed or initialled by the testator, or the person signing for them, and the witnesses.

Choosing witnesses and beneficiaries

Under section 24, a witness must be at least 18, of sound mind and able to sign their name. Section 25 invalidates a gift to a witness, the witness’s spouse or child as regards that person, making independent witnesses important.

Useful contents

• Clear identification of the testator
• A clause revoking earlier wills
• Unambiguous description of assets and rights
• Clear identification of beneficiaries and substitute provisions
• Choice of estate administrator
• Date, signatures and witness statements