Will – Personal Act

Can a will be made by someone other than the testator himself? No. A will is considered to be a personal act that can only be made by the testator him/herself, although another person, who is not a beneficiary, can help write it.

Can a will include an instruction which depends on the goodwill of another person other than the testator? No - such an instruction would be invalid.

Can a minor or person lacking legal capacity make a will via their guardian? No, as a will is a personal act of the testator, a will made by a minor or someone lacking legal capacity, through a guardian, would be invalid, if actually made.

If a will is supposed to be a personal act, is it permissable for a ‘couple’ to make a mutual will ? Yes, a couple can make a mutual will but this will not restrict either of them from making another will.