Enquire Within Upon Everything Part 134

1588. Valid Wills (2).

No will is valid unless it is in writing, signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction. And such signature must be made or acknowledged by the testator, in the presence of two or more witnesses, all of whom must be present at the same time, and such witnesses must attest and subscribe the will in the presence and with the knowledge of the testator.

1589. Irrevocable.

A Will or Codicil once made cannot be altered or revoked, unless through a similar formal process to that under which it was made; or by some other writing declaring an intention to revoke the same, and executed in the manner in which an original will is required to be executed; or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction with the intention of revoking the same.

1590. Loses Effect.

No Will or Codicil, or any part of either, that has once been revoked by any or all of these acts, can be revived again, unless it be executed in the manner that a fresh will or codicil is required to be.

1591. Alterations.

Alterations in Wills or Codicils require the signature of the testator and of two witnesses to be made upon the margin, or upon some other part of the will, opposite or neat to the alteration.

1592. Revoked by Marriage.

Every Will is revoked by the subsequent marriage of the testator or testatrix, except a will made in the exercise of a power of appointment, when the property appointed thereby would not, in default of appointment, pa.s.s to the heir, executor, or administrator, or next of kin of the testator or testatrix.

1593. Basic Requirements.

There being no Stamp Duty, or tax, on a will itself, it should be written on plain parchment or paper. Nor is it necessary, though always advisable where means are sufficient, to employ a professional adviser to draw up and complete the execution of a will.

1594. Identifying a Illegitimate Child.

If it be intended to give a legacy to an illegitimate child, the testator must not cla.s.s him with the lawful children, or designate him simply as the child of his reputed parent, whether father or mother, but must describe the child by name as the reputed child of----or ----, so as to leave no doubt of ident.i.ty.

1595. Paraphernalia.

Wearing apparel, jewels, &c., belonging to a wife are considered in law her "paraphernalia;" and though liable for the husband's debts while living, cannot be willed away from her by her husband, unless he wills to her other things in lieu thereof, expressing such intention and desire in the will.

The wife may then make her choice whether she will accept the subst.i.tuted gift, or remain possessed of what the law declares her ent.i.tled to.

[HALF A LOAF IS BETTER THAN NO BREAD.]

1596. Property of Different Kinds.

Where property is considerable, and of different kinds,--or even where inconsiderable, if of different kinds, and to be disposed of to married or other persons, or for the benefit of children, for charities, or trusts of any description, it is absolutely necessary and proper that a qualified legal adviser should superintend the execution of the will.

1597. Executors.

When a person has resolved upon making a will, he should select from among his friends persons of trust to become his executors, and should obtain their consent to act. And it is advisable that a duplicate copy of the will should be entrusted to the executor or executors. Or he should otherwise deposit a copy of his will, or the original will, in the office provided by the Probate Division of the High Court for the safe custody of wills.

1598. Simple Form of Will.

This is the last will and testament of J----B----, of No. 3, King's Road, Chelsea. I hereby give, devise, and bequeath to my wife, Mary B----, her heirs, executors, and administrators, for her and their own use and benefit, absolutely and for ever, all my estate and effects, both real and personal, whatsoever and wheresoever, and of what nature and quality soever; and I hereby appoint her, the said Mary B----, sole executrix of this my will. In witness whereof I have hereunto set my hand this----day of----, one thousand eight hundred and----.

JOHN B----.

Signed by the said John B----in the presence of us, present at the same time, who, in his presence, and in the presence of each other, attest and subscribe our names as witnesses hereto.

JOHN WILLIAMS, 15, Oxford Street, Westminster.

HENRY JONES, 19, Regent Street, Westminster.

1599. Other Forms of Wills.

Other forms of wills give particular legacies to adults, or to infants, with direction for application of interest during minority; to infants, to be paid at twenty-one without interest; specific legacies of government stock; general legacies of ditto; specific legacies of leasehold property or household property; immediate or deferred annuities; to daughters or sons for life, and after them their children; legacies with directions for the application of the money; bequests to wife, with conditions as to future marriage; define the powers of trustees, provide for and direct the payment of debts, &c. All these more complicated forms of wills require the superintendence of a professional adviser.

1600. Crossing Cheques.

If cheques have two parallel lines drawn across them, with or without the addition of the words _"& Co.,"_ they will only be paid to a banker.

1601. Banker's Name across Cheque.

If, in addition, the name of any particular banker be written across the cheque, it will only be paid to that banker or his agent.

1602. Effect of Words "Not Negotiable" on Cheque.

If the words "Not Negotiable" be written across a cheque, the lawful holder of the cheque is not prevented thereby from negotiating it. The effect of these words is to prevent any person receiving a cheque so marked from acquiring a better t.i.tle to it than the person had from whom he received it. If, therefore, such a cheque has been stolen, the thief cannot, by pa.s.sing it away for value, vest in the person so acquiring it a good t.i.tle.

1603. Repayment of Money, etc., borrowed when under Age.

An infant, or person under twenty-one years of age, is not liable to repay money borrowed by him, nor to pay for goods supplied to him, unless they be necessaries.

1604. Acceptance of Liability.

Even if a person after coming of age promise to pay debts contracted during infancy, he is not liable, whether the promise be made in writing or not.