4.42 Validating Faulty Will Before Witnesses

Can a court validate a will before witnesses which the testator himself did not sign ?

Yes , providing the court has no doubts about the will being genuine and reflecting the true and free wishes of the testator. The witnesses may be required to give evidence

Can a will before witnesses from which the date is omitted still be valid ?

Yes, providing it is in writing, was witnessed by two witnesses, and the court has no doubt as to it being genuine and reflecting the testator's true , free and final wishes regarding the fate of his estate.

What are the basic essentials regarded a will before witnesses that must exist in order for a court to declare it valid, even though there are faults ?

That the will was in writing, and made before two witnesses.

Is it a will before witnesses faulty if there is no signature of the testator on each page ?

No ! What is important is the testator's signature on the last page.

Could the absence of the testator's signature on each page of his will lead to probate being rejected ?

Possibly, indirectly. While the absence of the testator's signature on each page is not a fault in itself in a will before witnesses, this factor could be taken into account along with others which raise doubt as to the testator's true and real wishes.

Could a will be prevented from being valid because the witnesses did not read it back to the blind testator before he signed it ?

The Inheritance Law of 1965 does not explicitly state that a blind person making a will before witnesses should get them to read it back to him, and confirm it, before he signs. Accordingly, if they do not do so, this is not a fault that could result in it being invalid. What must be proved to validate the will is that the testator knew it was his will.

Can an addition to a will before witnesses which is not signed by the testator be valid ?

This raises doubts, but could be validated if the person applying for its enforcement can discharge the burden it reflecting the true and genuine wishes of the testator.

Can a will before witnesses be valid if the testator added another part later on, in his own handwriting, and signed and dated it ?

Yes , as the "will" can be regarded as two documents, one a printed will before witnesses, and the second, a handwritten will.

Is a will before witnesses invalid if one person witnessing it was a minor ?

Not necessarily. The court can "cure' this fault, providing it has no doubt about the will reflecting the testator's true and free wishes.

Can a will before witnesses still be valid if one of those witnessing it is found to have lacked legal capacity at the time he witnessed it ?

Yes, as this fault is one which the court can 'cure' if it is satisfied that the will reflected the testator's true and free wishes.