How to Meke a Will.

New Zealand Graphic, Volume XXXIII, Issue XVI, 15 October 1904, Page 57

How to Meke a Will.

Most people know, probably, that a will must be executed by the maker in the presence of two witnesses, who must also sign their names in the presence of the testator or testatrix, and in the presence of each other, all the three signatures taking place at the “same time"—bv which is meant on

the eaine occasion. But whereabouts should the signature# be fixed? If the will consists of a single sheet, of course, there is no room fur doubt, as the natural place for the signature is at the foot or bottom of the lo*mm»?nt, just as you sign a letter at ihe md, to signify that you are the author of all that precedes your name. But, suppose the form of will which you use consists of several sheets? fhere, again, the proper course is to execute at the end, though, in addition. it is customary to attach the three signatures also at the bottom of each of the pages, for the sake of identifying them, and of preventing the substitution of a fresh page in the middle. Assume, however, that, as happened recently in Knglnnd, a testatrix gets a printed form of will, consisting of three pages, ami executes it in due form on the first page only, what is the legal result ? Yon will, perhaps. suggest that the whole document should be treated as invalid, inawnt’ieh as the first page does not express the whole will of the maker, and, indeed, that which is set out on the first page may, possibly, be modified materially by something written on one of the later unsigned pages. 'The law, however, is that tiie firs! page must, under such circumstances, be admitted alum* to probate, the rest of Ihe document being rejected. Jn the instance in question, the first page of the will disposed of property worth JU 7 GOO, whilst the other two pages dealt with far larger sums. Still the Court found a sheet of paper, duly executed, as required by the Art of Parliament, and so it bad to give effect t o that sheet, even t hough the probable result was not fd carry out the wishes of the testatrix. Here one sees again the folly of being one’s own will-maker, and where the tcsiator or testatrix has a large property Io devise or bequeath, the omission to consult a solicitor must perhaps Se attributed to ihe subtle influence which every now and then drives people unbeknown into the arms of ihe law.