Honora Jenkins and her legacy — laid to rest at last?

Modern Woman 1781 © British Museum

Signing and attestation of wills

(1) 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.

(2) For the purposes of paragraphs (c) and (d) of sub-section 1, in relation to wills made on or after 31 January 2020 and on or before 31 January 2022, “presence” includes presence by means of videoconference or other visual transmission.

“Nothing in this Order affects -

(a) any grant of probate made; or

(b) anything done pursuant to a grant of probate, prior to this Order coming into force”

(6) The provision made by [a s8 order] may include —

(a) different provision for different cases;

(b) such exceptions and exclusions as the person making the order may think fit; and

(c ) any such incidental, supplemental, consequential and transitional provision as he may think fit;

and the provision that may be made by virtue of paragraph (c ) includes provision modifying any enactment or subordinate legislation or any scheme, licence, authorisation or approval issued, granted or given by or under any enactment or subordinate legislation.

Images from an information video produced by the Ministry of Justice 7 September 2020 © Ministry of Justice

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