Validity & formalities of wills
A valid will requires testamentary capacity, knowledge and approval, and the statutory formalities. Failure of any element can render the will invalid.
What "Validity & formalities of wills" covers
- The testator must be at least 18 (subject to privileged wills) and have testamentary capacity at the time of execution.
- Capacity is tested by Banks v Goodfellow: the testator must understand the nature and effect of a will, the extent of the property, and the claims they ought to consider, with no disorder of the mind perverting judgment.
- The testator must know and approve the contents; the golden rule suggests a medical practitioner witness a will for an aged or seriously ill testator.
- Formalities under Wills Act 1837 s.9: the will must be in writing and signed by the testator (or by another at the testator's direction and in their presence).
- The signature must be made or acknowledged in the presence of two witnesses present at the same time, who each then attest and sign in the testator's presence.
- A gift to an attesting witness, or to that witness's spouse or civil partner, is void, though the will remains valid: Wills Act 1837 s.15.
- Suspicious circumstances, undue influence or fraud can defeat a will for want of knowledge and approval.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For validity & formalities of wills, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Allowing a beneficiary or a beneficiary's spouse to act as a witness, voiding the gift.
- Witnesses not being present together when the testator signs or acknowledges the signature.
- Assuming capacity without following the golden rule for a vulnerable testator.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on validity & formalities of wills.
FAQ
Is validity & formalities of wills tested on SQE1?
Yes — validity & formalities of wills is part of the SQE1 Wills & Administration of Estates syllabus (FLK2) and can appear in single best answer questions.
How is validity & formalities of wills examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (Wills Act 1837 s.9, Banks v Goodfellow) helps.