Validating Faulty Oral Will

Can a court uphold an oral will even though the memorandum concerning it one bore the signature of one of the two witnesses ?

Yes, providing that the court has no doubt about the will reflecting the testator's true wishes.

Can an oral will be valid if the testator was not actually on his deathbed, or facing death ?

No ! There is no way of holding the will valid in these circumstances.

Is it possible to uphold an oral will if the memorandum made by the witnesses states that the testator said he wished to make a will because he felt that his life was in danger, but that he requested to make a written will, should he remain alive ?

Yes, providing that he died, without making a written will.

Is it possible to uphold an oral will if there is only one witness ?

No, even if the testimony of that witness is persuasive and leaves no doubt in the court's mind, because this is a fundamental fault which cannot be remedied.

Could it be possible to uphold an oral will where there was only one witness physically present but the other , a beneficiary, heard the testator's words as they were said over the phone ?

Yes.

Could an oral will be declared invalid if the witnesses' memo was actually written by a third party, but signed by them ?

No ! The witnesses do not have to write the memo themselves, though this is

what usually happens, and they can get a third party to actually write it, providing the memo contains the testator's instructions, the circumstances in which they were made, the date, and is signed by the witnesses.

Could an oral will be declared invalid because one witness dies without having signed the memo ?

No , providing the court has no doubt that the will reflects the testator's true and free wishes.

If one of the two witnesses to an oral will is declared by a court as lacking legal capacity before he manages to sign the memo, could probate be rejected ?

Not if the court is satisfied that the will reflects the testator's true and free wishes.

Can an oral will be upheld even though the two witnesses were minors ?

Yes. Although in general minors are disqualified as witnesses, an oral will made before two minors can be upheld if the court has no doubt about it reflecting the testator's true wishes.

Is it still possible to uphold an oral will made before two witnesses, one of whom is a minor, and the other , an adult who lacks legal capacity ?

Yes, despite the fact that these would normally be disqualified witnesses, providing the court is sure that the oral will reflects the testator's true wishes.