A disposition or declaration by which the person making it (the testator) provides for the distribution or administration of property after his death. It is always revocable by him.
Formerly “will” signified a testamentary disposition of land, aa opposed to a testament (q.v.). Infants and lunatics are incapable of making wills. A woman married after December 31, 1882, has complete testamentary power with regard to all her property. No particular form of words is required to make a valid will so long as the testator’s intention can be ascertained ; otherwise its provisions will fail from uncertainty.
A will must in ordinary cases be in writing, and signed at the foot or end by the testator, or by someone in his presence and by his direction, and the signature must be made or acknowledged by the testator in the presence of two or more witnesses, who must be present together at the same time, and must attest and subscribe the will in the presence of the testator (Wills Act, 1837, s. 9 ; Wills Act Amendment Act, 1882). See Attestation Clause.
A devise or bequest to an attesting witness, or to his or her wife or husband, does not affect the validity of the will, but the gift is void (Wills Act, 1837, s. 15).
A nuncupative will is a declaration by the testator without any writing before a sufficient number of witnesses. By the Wills Act, 1837, nuncupative wills are rendered invalid except those made by soldiers or seamen. (See the Wills (Soldiers and Sailors) Act, 1918.) See Probate; Letters of Administration<\/p>\n<\/h4>\n
You might be interested in these references tools:<\/p>\n