Formalities of a valid will

Under section 8 of the act, a will may be made either orally or in writing.

The validity of an oral will is dictated two factors:
The declaration must be made before two or more competent witnesses.
The testators death must occur within three months of the declaration.
However, an oral will made a member of the armed forces or merchant marine during a period of active service remain valid after three months provided death occurs during the same period of active service.

Formalities of a written will
Writing: there must be some writing. The law does not prescribe any form. It may be handwritten, typed or printed. The law does not prescribe the wording of a will.
Signature or mark: it must contain the signature or mark of the test or or some other person who signs in the presence of and in accordance with the directions of the testator.
Position of signature: the signature or mark must be placed as to show that it was intended to give effect to the writing as a will.
Attestation: the will must be attested to two or more competent witnesses. The law does not insist on any form of attestation.
Presence of witnesses: all witnesses must sign the will in the presence of the tastator. However, they need not be present at the same time.

 

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