| 释义 |
presence
n. A requirement of several aspects of the execution of a will. Under section 9 of the Wills Act 1837, a person signing a will at the testator’s direction must be in his presence, the testator must be in the presence of at least two witnesses (who must be in the presence of each other), and the witnesses themselves must sign or acknowledge in the presence of the testator. Case law has applied a test of having the opportunity of seeing what was required, and being mentally conscious of the act done, in order to satisfy the “presence” requirement (see, e.g., Brown v Skirrow [1902] P 3). Before 2020, it was debated whether bodily presence was necessary. Under the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020, for wills made on or after 31 January 2020 and (in the first instance) on or before 31 January 2022, the definition of “presence” is adjusted for all section 9 purposes except for those signing at the testator’s direction. During the specified period, it is expressly provided that “‘presence’ includes presence by means of videoconference or other visual transmission”. |