Mia signs her will in the presence of two witnesses who are present together. Each witness then signs in Mia's presence, but they are in different rooms from each other when signing. Is the will valid under section 9 of the Wills Act 1837?
Answer and explanation
Correct answer: C. Yes, since each witness must sign in the testator's presence but need not do so in the other witness's presence
- Step 1: Section 9 requires writing, the testator's signature (or acknowledgment) before two witnesses present at the same time, each of whom attests in her presence.
- Step 2: The witnesses need not sign in each other's presence.
Answer
Yes, since each witness must sign in the testator's presence but need not do so in the other witness's presence.
Why not the others: Mutual presence of witnesses at signing is not required; no solicitor is needed; wills are not registered.
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