Probate actions—want of due execution


Published by a ÑÇÖÞÉ«ÇéÍø Private Client expert
Practice notes

Probate actions—want of due execution


Published by a ÑÇÖÞÉ«ÇéÍø Private Client expert

Practice notes
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A lack of Due execution is one of the grounds that can be relied on to dispute a Will. Specifically, CPR 57.7(4) provides that any party who wishes to contend that a Will was not duly executed must set out the contention specifically and give particulars of the facts and matters relied on.

In order to validate their Wills testators dying before 1 January 1964 must have followed the Execution formalities set out in the Wills Act 1837 (WA 1837). For testators dying on or after that date the Wills Act 1963 (WA 1963) provides relief from the rigidity of those earlier Acts.

Amendments in the Administration of Justice Act 1982 (AJA 1982) extend the availability of limited reliefs to those testators who make errors in execution but only in respect of those who die on or after 1 January 1983.

As amended, the execution formalities now provide that a Will shall not be valid unless:

  1. •

    it is in writing and signed by the testator or by some other person in his presence and by his direction

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Jurisdiction(s):
United Kingdom
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Key definition:
Probate definition
What does Probate mean?

The process of proving (ie establishing the validity of) a Will by the executor. Once the Will has been proved, the court will issue a grant of representation. The Scottish law equivalent is executry.

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