Section 5
of Wills Act
Section 5
(1)
No will shall be valid unless it is in writing and executed in the manner pursuant to this Act.
(2)
Every will shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction; such signature shall be made or acknowledged by the testator as the signature to his will in the presence of 2 or more witnesses present at the same time, and such witnesses shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.
(3)
Notwithstanding subsection (2), every will shall, as far only as regards the position of the signature of the testator or of the person signing for him as mentioned in subsection (2), be deemed to be valid under this section if the signature is so placed at or after, or following, or under, or beside, or opposite to the end of the will, that it is apparent on the face of the will that the testator intended to give effect, by his signature to the writing signed, as his will; and no such will shall be affected by the circumstance —
(a)
that the signature does not follow or is not immediately after the foot or end of the will;
(b)
that a blank space intervenes between the concluding word of the will and the signature;
Wills
B.L.R.O. 2/2000 5
(c)
that the signature is placed among the words of the testimonium clause or of the clause of attestation, or follows or is after or under the clause of attestation, either with or without a blank space intervening, or follows or is after, or under, or beside the names or one of the names of the subscribing witnesses;
(d)
that the signature is on a side or page or other portion of the paper or papers containing the will where no clause or paragraph or disposing part of the will shall be written above the signature; or
(e)
that there appears to be sufficient space on or at the bottom of the preceding side or page or other portion of the same paper on which the will is written to contain the signature.
(4)
The enumeration of the circumstances in subsection (3) shall not restrict the generality of subsection (3), but no signature shall be operative to give effect to any disposition or direction which is underneath or which follows it, nor shall it give effect to any disposition or direction inserted after the signature has been made.
Execution of appointment by will.