In order for a Testator’s direction to be valid it must be via positive communication (as opposed to mere acquiescence).
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The Act provides a number of formalities that must be complied with in order to ensure that a Will is valid.
Such witnesses do not have to know that the document being signed is a Will nor do they have to be able to see the whole document.
By way of slight deviation, section 9 does not require that a Will be dated and so the absence of such does not invalidate the same.
Despite this, one can clearly envisage the raft of problems that can arise where there are two testamentary instruments in existence given that it may be impossible to determine which is the most recent.
Interestingly, Marley v Rawlings  UKSC 2 involved a husband and wife who made mirror Wills and then mistakenly signed each other’s document.
It was eventually determined that the Testator intended his signature to give effect to the document he signed (albeit he was mistaken as to which document that was) and hence the Act, section 9 requirements had been met.
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