sec.10How a will must be executed

### sec.10 How a will must be executed This section sets out the way a will must be executed. A will must be— in writing; and signed by— the testator; or someone else, in the presence of and at the direction of the testator. The signature must be made or acknowledged by the testator in the presence of 2 or more witnesses present at the same time. At least 2 of the witnesses must attest and sign the will in the presence of the testator, but not necessarily in the presence of each other. However, none of the witnesses need to know that the document attested and signed is a will. The signatures need not be at the foot of the will. The signature of the testator must be made with the intention of executing the will. The signature of a person, other than the testator, made in the presence of and at the direction of the testator must be made with the intention of executing the will. A will need not have an attestation clause. A person who can not see and attest that a testator has signed a document may not act as a witness to a will. If a testator purports to make an appointment by will in the exercise of a power of appointment by will, the appointment is not valid unless the will is executed under this section. If a power is conferred on a person to make an appointment by will and the appointment must be executed in a particular way or with a particular solemnity, the person may make the appointment by a will that is executed under this section but is not executed in the particular way or with the particular solemnity. This section does not apply to a will made under an order under section 21 . s 10 sub 2006 No. 1 s 6 (sec.10-ssec.1) This section sets out the way a will must be executed. (sec.10-ssec.2) A will must be— in writing; and signed by— the testator; or someone else, in the presence of and at the direction of the testator. (sec.10-ssec.3) The signature must be made or acknowledged by the testator in the presence of 2 or more witnesses present at the same time. (sec.10-ssec.4) At least 2 of the witnesses must attest and sign the will in the presence of the testator, but not necessarily in the presence of each other. (sec.10-ssec.5) However, none of the witnesses need to know that the document attested and signed is a will. (sec.10-ssec.6) The signatures need not be at the foot of the will. (sec.10-ssec.7) The signature of the testator must be made with the intention of executing the will. (sec.10-ssec.8) The signature of a person, other than the testator, made in the presence of and at the direction of the testator must be made with the intention of executing the will. (sec.10-ssec.9) A will need not have an attestation clause. (sec.10-ssec.10) A person who can not see and attest that a testator has signed a document may not act as a witness to a will. (sec.10-ssec.11) If a testator purports to make an appointment by will in the exercise of a power of appointment by will, the appointment is not valid unless the will is executed under this section. (sec.10-ssec.12) If a power is conferred on a person to make an appointment by will and the appointment must be executed in a particular way or with a particular solemnity, the person may make the appointment by a will that is executed under this section but is not executed in the particular way or with the particular solemnity. (sec.10-ssec.13) This section does not apply to a will made under an order under section 21 . - (a) in writing; and - (b) signed by— (i) the testator; or (ii) someone else, in the presence of and at the direction of the testator. - (i) the testator; or - (ii) someone else, in the presence of and at the direction of the testator. - (i) the testator; or - (ii) someone else, in the presence of and at the direction of the testator.