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Wills

Updated: Nov 29, 2020

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Property disposable by will


Every person may devise, bequeath or dispose of by his will, all real estate and all personal estate which he shall be entitled to either at law or in equity at the time of his death.


Will of infant invalid


No will made by any person under the age of 21 years shall be valid.


Mode of execution


No will shall be valid unless it is in writing.


Every will shall be signed at the foot or end by the testator, or by some other person in his presence and by his direction, and the signature shall be made or acknowledged by the testator as the signature to his will in the presence of two or more witnesses present at the same time, and those witnesses shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.


Publication of will not necessary


Every will shall be valid without any other publication.


Gifts to attesting witness or to wife or husband of attesting witness to be void


Any beneficial devise, legacy, estate, interest, gift or appointment of or affecting any real or personal estate, given or made, to any person attesting the execution of any will, or the wife or husband of that person, shall be utterly null and void.


The attesting witness shall be admitted as a witness to prove the execution of the will or to prove the validity or invalidity.


Creditor attesting a will charging estate with debts to be admitted a witness


In case by any will any real or personal estate shall be charged with any debt, and any creditor, or the wife or husband of any creditor, whose debt is so charged, shall attest the execution of the will, the creditor notwithstanding the charge shall be admitted a witness to prove the execution of the will or to prove the validity or invalidity.


Executor not incompetent to be witness


No person shall, on account of his being an executor of a will, be incompetent to be admitted a witness to prove the execution of the will or to prove the validity or invalidity.


Will to be revoked by marriage except in certain cases


Every will made by a man or woman shall be revoked by his or her marriage, except a will made in exercise of a power of appointment, when the real or personal estate thereby appointed would not in default of such appointment pass to his or her heir, executor or administrator or the person entitled under the Intestate Succession Act.


Where a will is expressed to be made in contemplation of a marriage, the will shall not be revoked by the solemnization of the marriage contemplated; and this shall apply notwithstanding that the marriage contemplated may be the first, second or subsequent marriage of a person lawfully practising polygamy.


Revocation of will


No will shall be revoked otherwise than —


(a) by another will;


(b) by some writing declaring an intention to revoke it; or


(c ) by the burning, tearing, or otherwise destroying the will by the testator, or by some person in his presence and by his direction, with the intention of revoking it.


If you would like to know more, please contact Bestar.




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