A recent court case provided for a Will signed by the incorrect testator (the husband and wife had inadvertently signed one another’s wills) to be proved by the Probate Registry, it was a genuine mistake and the court considered that this was a clerical error and the testator’s intention to make a Will were clear.

In Australia a recent court decision enabled a Will typed out on the notes of an i-phone to be admitted. The Australian rules are similar to our own in England and Wales, that is the Will needs to be signed by the testator in the presence of two or more witnesses who must also sign the will, however the Australian Court can admit an informal Will dispensing with the formal requirements.

The court were satisfied in this particular case that the intention to create the Will was there as the deceased was contemplating his death. Perhaps one day legislation will account for electronic Wills!

For more information on Wills and getting it right, contact the trusted and experienced Wills and Probate team at Ringrose Law. We have specialists in all our offices in Boston, Grantham, Lincoln, Sleaford, Spalding and Newark who would be happy to help.

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