Solicitors Qualifying Examination (SQE) Practice Exa\

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What is a requirement under the Wills Act 1837 for a will to be valid?

  1. The will must be notarized

  2. Witnesses must acknowledge their signatures

  3. The testator must be of sound mind

  4. Witnesses must sign in succession

The correct answer is: Witnesses must acknowledge their signatures

The correct requirement under the Wills Act 1837 for a will to be valid is that the witnesses must sign in succession. This means that after the testator has signed the will, the witnesses must be present to witness the signing and subsequently sign the document themselves, confirming that they have observed the testator's signature. This process is important because it establishes the validity of the will and provides evidence that it was executed in accordance with the legal requirements. While it is true that the testator must be of sound mind, this is generally understood as a foundational requirement for making a will but is not specifically mandated by the statutory text of the Wills Act 1837 as a procedural requirement. The other options, such as notarization and acknowledgment of signatures, are not requirements specified in the Wills Act 1837 for a will to be considered valid. Notarization is not necessary for the validity of a will under this act, and witnesses do not need to acknowledge their signatures to fulfill the legal requirements.