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Borkowski's Law of Succession

Borkowski's Law of Succession (4th edn)

Brian Sloan
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date: 03 December 2021

p. 120. Making a Will: Formalitieslocked

p. 120. Making a Will: Formalitieslocked

  • Brian SloanBrian SloanCollege Lecturer in Law, Robinson College, University of Cambridge


This chapter begins by discussing s. 9 of the Wills Act 1837, which continues to govern the execution of wills in English law. Section 9 provides that no will shall be valid unless: it is in writing, and signed by the testator, or by some other person in his presence and by his direction; it appears that the testator intended by his signature to give effect to the will; the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and each witness either attests and signs the will or acknowledges his signature. The remainder of the chapter covers the question of reform, incorporation, the solicitor’s duty of care, and deposit and registration.

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