Re Colling
A will is not validly executed if one of the witnesses leaves the room before the testator completes his signature, because the testator must sign or acknowledge his signature in the presence of both witnesses at the same time.
Facts
Mr Colling made a will while he was a patient in hospital. He began to sign the will in the presence of two witnesses, another patient and a nurse, but before he had finished signing, the nurse was called away to attend to another patient. When she returned, the testator had finished signing, and he did not acknowledge his signature to her. Both witnesses then signed the will.
Legal principle
Ungoed-Thomas J held that the will was invalid. He said that section 9 of the Wills Act 1837 required the testator to make or acknowledge his signature in the presence of two or more witnesses present at the same time, and that the nurse had not been present when the signature was completed. The testator had not acknowledged his signature to both witnesses together after it was completed, so the formalities had not been complied with. The case shows how strictly the formalities for the execution of wills are applied.
Related cases on formalities, execution, undue influence and rectification
- Barrett v Bem [2012] EWCA Civ 52, [2012] Ch 573
- Re Bravda [1968] 1 WLR 479
- Hall v Hall (1868) LR 1 P & D 481
- Marley v Rawlings [2014] UKSC 2, [2015] AC 129
- Wingrove v Wingrove (1885) 11 PD 81
- Wood v Smith [1993] Ch 90
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