X wishes to make a Will under English law dealing only with their UK assets. Can X sign the Will with what is their usual signature using foreign characters?

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Produced in partnership with Helen Galley of XXIV Old Buildings

Published on: 03 August 2018

The formalities governing a valid will derive from section 9 of the Wills ACT 1837 (WA 1837). If the formalities of this section are not complied with, then it is unlikely the Will shall be held to be valid, and, in that event, the Intestacy rules will apply. This could result in the estate being distributed in a way that the deceased may not have chosen while they were alive.

WA 1837, s 9(a) provides that for a will to be legally valid, it must be:

•
in writing
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signed by the person making the Will (testator), or by another person in their presence and by their

Helen Galley

XXIV Old Buildings

Helen has built up a reputation as a well-respected commercial Chancery practitioner with an emphasis on property and trusts related issues. She has built up extensive and wide ranging expertise in both non contentious and contentious property matters ranging from small scale cases to multi-million pound developments. Helen has also acted in a wide range of commercial and business disputes in areas as diverse as travel, hire purchase, the media, entertainment, IPR, IT and e-commerce. Contentious and non-contentious trusts matters, both on and offshore, are a regular feature of her caseload. Helen is a member of STEP, ACTAPS, the Property Bar Association, the Chancery Bar Association and IAL as well as an accredited mediator. Helen is recommended as “a first-rate advocate” in Legal 500 2015 for private client (trusts and probate), partnership and professional negligence. She is said to be “consistently able to provide excellent advice in a charming and friendly style” and is “responsive, hugely supportive and extremely user-friendly”.

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