4.43 Validating Faulty Will Before Legal Authority

Is a will before a legal authority made by a testator's messenger or agent valid ?

Certainly not – it is not possible for a testator to make a will before a legal authority via a messenger or agent who would represent him. Such a will would be invalid and there is no way at all of correcting such a fundamental fault which does not fulfil the two basic conditions of a will before a legal authority.

Can a court declare a will made before a legal authority as being valid if there is a mistake regarding the date when it was made ?

Yes ! A mistake about the day on which the will was made can be corrected by the court and the will validated, provided there is no doubt about the will reflecting the testator's true and last wishes.

If the testator's declaration confirming that he made the will of his own free will, is missing from the court file, could this result in the will being declared invalid ?

No , not by itself, but if there are other shortcomings, together they could result in the court not declaring the will valid if it has doubts that it reflects the testator's true wishes.

Can a will made before a legal authority be upheld if it is written in a language which the testator does not understand and there is no authorization it was translated for him into a language he understood ?

Yes – although such a will would be faulty, the court can still uphold the will if it has no doubt about it reflecting the testator's true wishes.

Might a will made by the testator before a judge be declared invalid for the simple reason that it was made in the testator's own home ?

No! There is no prohibition on a judge traveling to the home of someone who cannot get out of bed , in order that he can make a will before a legal authority, providing that the sole purpose of the visit is making the will.

Could a will made before a notary in hospital be declared invalid because there is no medical certificate concerning the testator's medical condition ?

No. It would be a fault but could be remedied, providing the court has no doubt that the will reflected the free wishes of the testator.

Can a court declare a will made before a notary valid even though it bears two different dates – the one when the document was prepared, and the one when the signature was authorized ?

Yes !

What basic elements must a will before a legal authority contain for it to be valid – even if it has faults ?

The first requirement is that the testator gives his will , orally or in writing , to the legal authority. The second is that the instructions must be given by the testator himself, in person, and no-one else.