QLD Does Every Page Need to be Signed in a Will?

Discussion in 'Wills and Estate Planning Law Forum' started by Blossom, 25 July 2018.

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  1. Blossom

    Blossom Active Member

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    Hi,

    I live in QLD, and my husband and I had our two-page wills signed and witnessed by two JP's recently. However, I have just realised that we have all only signed the last page. Is it mandatory for every page to be signed in a multiple-paged will?

    If so, should both witnesses sign each page, or does only one need to?

    Thank you very much.
     
  2. Rob Legat - SBPL

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    There is no strict legal requirement that a will be signed on every page. However, the common convention is that each page of the will is signed by the testator and the two witnesses. The reason why this is done, and where the problem arises if it isn't, is in the proving of the will - after the testator is deceased. While nothing is perfect, having only one page signed (especially if there is provision for signatures on the unsigned page) could give grounds for a potential beneficiary to raise a claim against the estate to say that what is on that page is not what you intended. On the flip side, it could also mean that someone changes that page to something you didn't intend.

    Added to the above, in an application for probate the court may requisition further information to support the validity of the will because it isn't signed in accordance with the accepted method. This will likely involve further time and cost to your executors.
     
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  3. Blossom

    Blossom Active Member

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    Many thanks for your reply, it is greatly appreciated.
     
  4. Blossom

    Blossom Active Member

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    Hello, I have an added question please.

    We had our wills reprinted and witnessed again by two JP's, this time one JP didn't date a Will. When this was pointed out he picked up a different black pen and used that. So everything is filled in with one black pen and just his date with an obviously different black pen. Is this acceptable?

    Thank you.
     
  5. Tim W

    Tim W Lawyer
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    I agree with @Rob Legat - SBPL about the sign-and-witness-every-page thing
    being a widespread and long standing custom.

    As to the question of using two pens,
    if it happened at the time of the signing-and-witnessing,
    then I don't see it being, in itself,fatal to the technical validity of the will.

    For example, the witness might have had to use two pens because one ran out part way through.
    But that would have to be, you know, the truth.
     
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  6. Blossom

    Blossom Active Member

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    Thank you very much for the information. Blossom
     
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