Explain the characteristics of a valid will

A will is a declaration made by a person during his lifetime, of his intention concerning disposal of his property after his death. In relation to wills:

  • Ambulatory: a will is said to be ambulatory in that it only speaks after death. It distributes a person’s property in death.
  • Revocability: a will is revocable by the testor at any time when he has capacity to make it.
  • Capacity: for a will to be legally valid the testator must have had the requisite capacity. Thus, not every person can make a will.
  • Formalities: the validity of an oral or written will is dependent upon compliance with the formalities prescribed by law.

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