| 释义 |
execution of a will
The process by which a testator’s will is made legally valid. Under the Wills Act 1837 s 9, the will must be in writing and signed by the testator or by someone in his presence and by his direction; the signature must be made or acknowledged (see acknowledgment) by the testator in the presence of at least two witnesses, present at the same time, who must themselves sign the will or acknowledge their signatures in the testator’s presence. A “signature” for these purposes need not be the person’s “usual” signature and can be a mere mark intended to represent the person’s name (Hindmarsh v Charlton (1861) 8 HL Cas 160). A will witnessed by a beneficiary or the beneficiary’s spouse/civil partner is not void, but the gift to that beneficiary or spouse/civil partner is void (Wills Act 1837 s 15). A clause in a will permitting an executor to charge for his services is not treated as a gift for the purposes of section 15, so that an executor may act as a witness without forfeiting his charges (Trustee Act 2000 s 28). |