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WILLS ACT AMENDMENT ACT 1852 - SECT 1

1837 c.26

1. Where by the Wills Act, 1837, it is enacted, that no will shall be valid
unless it shall be signed at the foot or end thereof by the testator, or by
some other person in his presence, and by his direction: Every will shall, so
far only as regards the position of the signature of the testator, or of the
person signing for him as aforesaid, be deemed to be valid within the said
enactment, as explained by this Act, if the signature shall be so placed at or
after, or following, or under, or beside, or opposite to the end of the will,
that it shall be apparent on the face of the will that the testator intended
to give effect by such his signature to the writing signed as his will; and no
such will shall be affected by the circumstances that the signature shall not
follow or be immediately after the foot or end of the will, or by the
circumstance that a blank space shall intervene between the concluding word of
the will and the signature, or by the circumstance that the signature shall be
placed among the words of the testimonium clause or of the clause of
attestation, or shall follow or be after or under the clause of attestation,
either with or without a blank space intervening, or shall follow or be after,
or under, or beside the names or one of the names of the subscribing
witnesses, or by the circumstance that the signature shall be on a side or
page or other portion of the paper or papers containing the will whereon no
clause or paragraph or disposing part of the will shall be written above the
signature, or by the circumstance that there shall appear 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; and the
enumeration of the above circumstances shall not restrict the generality of
the above enactment; but no signature under the said Act or this Act 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 shall be made.

© 1852 Crown Copyright

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