Search Legislation

The Wills and Administration Proceedings (Northern Ireland) Order 1994

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

The Wills and Administration Proceedings (Northern Ireland) Order 1994, Cross Heading: Execution of will is up to date with all changes known to be in force on or before 18 August 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Execution of willN.I.

Formalities for executionN.I.

5.—(1) No will is valid unless it is in writing and is executed in accordance with the following requirements, that is to say,—

(a)it is signed by the testator, or by some other person in his presence and by his direction; and

(b)it appears from the will or is shown that the testator intended by his signature to give effect to the will; and

(c)the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and

(d)each witness, in the presence of the testator (but not necessarily in the presence of any other witness), either—

(i)attests the testator's signature or the testator's acknowledgment of his signature and signs the will; or

(ii)acknowledges his signature.

(2) No form of attestation or acknowledgment is necessary.

Testamentary execution of powerN.I.

6.—(1) No appointment made by will, in exercise of any power, is valid unless the will is executed in accordance with Article 5.

(2) Paragraph (1) applies notwithstanding anything to the contrary in the instrument creating the power.

(3) A will executed in accordance with Article 5 is, so far as respects the execution thereof, a valid execution of a power of appointment by will, notwithstanding that the instrument creating the power expressly requires that a will made in exercise of such power should be executed with some additional or other form of execution or formality.

Incompetency of witnessN.I.

7.  If a witness to a will is at the time of its execution or becomes at any time afterwards incompetent as a witness to prove its execution, the will is not invalid on that account.

Gift to witnessN.I.

8.—(1) Subject to paragraph (3), if a witness to a will is a person to whom, or to whose spouse[F1 or civil partner]F1, any property is given by the will (whether by way of gift or by way of exercise of a special power of appointment, but other than by way of a charge or direction for the payment of debts), the gift or appointment is void so far as concerns that witness or his spouse[F1 or civil partner]F1 or any person claiming under the witness or spouse[F1 or civil partner]F1.

(2) Notwithstanding that property is given by will as mentioned in paragraph (1), the witness is competent as a witness to prove—

(a)the execution of the will;

(b)the validity or invalidity of the will.

(3) Witnessing by a person to whom, or to whose spouse[F1 or civil partner]F1, property is given as mentioned in paragraph (1) is to be disregarded if the will is duly executed without his signature and without that of any other such person.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Witnessing by creditorN.I.

9.  Where a will charges any property with a debt, any creditor whose debt is so charged, or the spouse[F2 or civil partner]F2 of any such creditor, is not incompetent, on account only of the charge,—

(a)to act as a witness to the will; or

(b)as a witness to prove—

(i)the execution of the will; or

(ii)the validity or invalidity of the will.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Witnessing by executorN.I.

10.  An executor of a will is not incompetent, on account only of his being an executor,—

(a)to act as a witness to the will; or

(b)as a witness to prove—

(i)the execution of the will; or

(ii)the validity or invalidity of the will.

Alteration of will after executionN.I.

11.  No obliteration, interlineation or other alteration made in a will, after its execution, is valid or has any effect except so far as the words or effect of the will before the alteration are not apparent, unless the alteration, or a memorandum referring to the alteration and written on the will, is executed in the manner in which a will is required to be executed.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources