Wood v Smith
A testator's signature written at the top of a handwritten will can satisfy section 9 of the Wills Act 1837, provided that the will was written and signed in one operation and the signature was intended to give effect to it.
Facts
A testator wrote out his own will by hand, beginning with the words My Will by, followed by his name, and then setting out the dispositions. He did not sign the will at the end, but two witnesses signed it. The will was challenged on the ground that it had not been signed by the testator as required by section 9 of the Wills Act 1837, as amended in 1982, which no longer requires the signature to be at the foot of the will.
Legal principle
The Court of Appeal held that the writing of the testator's name at the top of the document could be a signature, provided that the writing of the will and the signature formed part of one operation, and the testator intended the signature to give effect to the will. However, the court held on the facts that the will was invalid for a different reason, because the testator lacked testamentary capacity at the time. Scott LJ said that the amended section 9 required the court to consider whether the testator intended by his signature to give effect to the will, wherever the signature was placed.
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
- Re Colling [1972] 1 WLR 1440
- 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
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