I have come across a Will which was made in 1994 by a financial advisor. It was signed by the testator and the financial advisor acted as witness number 1. Witness number 2 was his son (also now a financial advisor - but that is immaterial). The son was 17 years and 6 months old when witnessing the Will.
Is the Will still valid? and why?
s9 Wills Act 1837 only refers to witnesses being present not that they must be adults. There are various blog posts from firms like Hugh James and in the Gazette which state that the witnesses need to be over 18 but I can’t actually find any case law to back this up. Somewhere in the back of my mind is something saying that it comes down to maturity rather than age?
I am just going to update the Will with him anyway and get it signed by two independent witnesses who are both over 18 but I am now curious.