In the case of wills made in the presence of witnesses, it should be made in the presence of witnesses and be written by the testator or by a third person.

After making the will, the testator declares in the presence of two witnesses of full age that the document he is presenting is his will. He need not divulge its contents. He signs it at the end or, if he has already signed it, acknowledges his signature; he may also cause a third person to sign it for him in his presence and according to his instructions.

A recent case has confirmed the will made by a man who suffered from a chronic disease causing decalcification of the bones, even though his signature was a scribble unusual and it bequeathed a sum of $ 96 000 to his brother who had himself wrote the will of the deceased.

The Superior Court ruled that the brother was entitled to his legacy as he had acted only as a writer and not as a witness at the signing of the will and the signature in the form of scribbling was made by the deceased, following reading of his will with a clear and thoughtful mind.

JE 2011-386