Question 1:

The five requirements for a will to be valid

1. The Testator’s Capacity: The testator’s capacity generally means that the testator
should be over the age of 18 years old and they should be of sound mental capacity when
signing the will. It is common practice for witnesses to be in attendance at will signings
to vouch for the testator's testamentary capacity. The courts look at factors such as
whether or not the testator had a fundamental understanding of what it is that they are
doing if they knew the property that they owned and the quantities, and also if they knew
how their will would affect the inheritance rights of their heirs.

2. Testamentary Intent: The adjective "testamentary" refers to something that is related to

a will. A will is only the testator's will if they sign the document as the testator, not as a
witness, and are aware that it is a will. It is not a will if there was no intent for the
document to be a will or if the person is coerced into signing a document against their
will. A document that is unconscionably signed means that it is signed under duress;
which means, they were forced to perform against their will, for example, having a
loaded gun pointed at their head to sign the will, would nullify a will that would have
been regarded as legitimate.

3. A valid will must be a written document: A will should be formally written usually
typed out and printed. A written will can be legally binding, however, handwritten and
printed wills combined may cause confusion eg. If there is fill the blanks form or crossed
out texts on a computer-printed will, the court may not enforce these alterations as it may
be impossible to determine who made the alterations.

4. The Testator’s signature: The testator must sign their will or acknowledge their
signature in the presence of the witnesses who must be able to see the testator’s signature
and "attest" and acknowledge that they believe the signature is the testator's. It is
acceptable for the testator to instruct someone else to sign the document in front of
 witnesses if he/she was not physically able to do so. It's also typical, but not necessary,
for the person who created the will to have initialed or signed each page.
5. The signatures of persons who witnessed the testator’s signing of the will: Witnesses
to the testator's signature on the will should sign and date that they attest to the testator’s
signature, his/her mental capacity and confirm that they were not coerced and was able to
sign and understand what they signed. The witnesses should also disclose their full name,
address, and line of work and also watch each other sign the will.

Reference:
Requirements of a Valid Will | Probaters Lawyers London & Brighton. (n.d.). Probaters.
https://probaters.com/probate-explained/requirements-of-a-valid-will/

Question 2
‌Thakare v Bhusate [2020] EWHC 52 (Ch)

At 61 years old, Mr. Bhusate married Mrs. Bhusate who was 28 years at the time in India in
1979. Mr. Bhusate had five kids from his previous two marriages, and because Mrs. Bhusate was
of Indian descent, she had just a basic education and spoke little English. Before Mr. Bhusate's
intestate death in 1990, they were residents of London and had one child. After his death, she
was entitled to half a share of the estate. Mrs. Bhusate and her son are still residing in the marital
residence because it was unable to be sold.

Nearly 25 years and 9 months later, Mrs. Bhusate filed a claim against her late husband's estate,
asking that the estate provide fair financial provisions for her. The widow was given permission
to file her claim after the 6-month deadline required by Section 4 of the Inheritance (Provision
for Family and Dependents Act 1975) at the court's discretion. Mainly because of Mrs. Bhusate's
strained relationship with her stepchildren, she was given permission to file a claim after the
deadline had passed.

In an appeal against this ruling, the stepchildren claimed that Mrs. Bhusate had already received
financial support from the Estate and that it was her own fault that it had been lost. This appeal
was rejected, and Judge Mr. Edwin Johnson QC stated that the Estate had been placed in limbo
as a result of the stepchildren's lack of cooperation.
This ruling demonstrates how situations involving inheritance disputes that are out of time
depend on their unique facts and emphasizes how important it is to seek legal counsel very early.
The fact that the High Court protected the widow's rights in this case and prevented behavior
from obstructing justice is quite reassuring.

With regard to this case, I agree with the court’s decision to grant the widow’s claim. In this
situation, Mrs. Bhusate was not too familiar with the English language and she was not too
educated either as she left school at the age of 11 and was unable to read and write. Her strained
relationship with her children did not help as they continually made it difficult to forward a sale
of the property. Mrs. Bhusate also did not have enough money and understanding and this
delayed her from making her claim in a timely manner. Her move to apply for financial
assistance as she had not benefited from the estate that her late husband left behind was an
excellent choice for moving forward, and all of these facts were considered by the court.

Reference:
Inheritance Act claim allowed 25 years out of time 10 Mar 2020 - Article from Forbes Solicitors.
(n.d.). Www.forbessolicitors.co.uk. Retrieved March 26, 2023, from
https://www.forbessolicitors.co.uk/news/46898/inheritance-act-claim-allowed-25-years-
out-of-time

Confusion in the English High Court over out of time Inheritance Act claims. (2019,
March 26). Private Wealth and Trust Disputes Notes.
https://hsfnotes.com/pwtd/2019/03/26/confusion-in-the-english-high-court-
over-out-of-time-inheritance-act-claims/