Study Set Content:
Can the amanuensis sign the will and acknowledge it in front of CoO later?
No, Amanuensis cannot sign and acknowledge later.
Who qualifies as a commisioner of oaths
- Attorneys
- Magistrates
- Advocates
- Police Officers
Where must CoO certificate be attached?
Can be attached anywhere as long as it is not attached to blank reverse side, must be on the side where the testamentary stipulations are written
Re Jennet 1976
Content of the CoO certificate is more important than the wording, as long as CoO indicate that they are statisfied that this is the identity of T and that the will signed is the valid will of T, it is valid. CoO must also state that they are acting in their capacity as Coo and not attorney/advocate/police officer/magistrate otherwise will is invalid.
Radley v Stopforth
Admin officer of hospital was called to sign will, signed in their capacity as admin officer and not COO. Court held the certificate is invalid and COO must expressly sign in COO CAPACITY.
Jeffrey v The Master
Same facts as Radley case. Court held certificate is invalid, therefore whole will is the invalid. Deceased then dies intestate. Can be condonated possibly
Can one person sign as CoO and witness?
No there must be a coo and 2 seperate competent witnesses.
