Formal Will Requirements

To create a valid witnessed will, the document must be in writing, signed by the person making the will (the testator), and witnessed by at least two individuals who know they are witnessing a will. If there are minor mistakes, evidence showing that the testator intended the document to be their will can sometimes fix those issues.

John wrote a will stating his wishes for his estate but forgot to sign it. Later, he had two friends witness his verbal confirmation of the will's contents. If John can provide clear evidence that he intended this document to be his will, it may still be considered valid despite the lack of a signature.

A will needs writing, a signature, and two witnesses to make it binding!

Exams often include fact patterns where students overlook minor defects in the will, assuming it is invalid without considering the substantial compliance doctrine.

Questions typically present scenarios with missing signatures or witnesses, testing the candidate's knowledge of how to apply the substantial compliance rule.