The same requirements apply regardless of whether the will was drawn up by a lawyer or handwritten by the deceased at home.
To be a valid will, the document must be:
- in writing;
- signed by the will maker;
- witnessed by at least two people who:
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- were both in the will-maker’s presence when her or she signed the will; and
- both signed the will.
- were both in the will-maker’s presence when her or she signed the will; and
If these requirements are not met, the will is invalid. However, where there is evidence to prove that the document expresses the deceased’s testamentary intentions, a court application can be made for an order validating the will.
Validating a homemade will
Read about how to validate a homemade will here.