There are circumstances where a person wishing to make a Will (Testator) has the mental capacity to do so but is physically unable to sign it. This could be through a disability such as blindness or paralysis or through any other physical impairment such those with conditions such as Motor Neuron Disease, Multiple Sclerosis, Muscular Dystrophy, or having suffered a spinal cord injury, stroke.
A Will is one of the most, if not the most, important documents you will make in your lifetime, as it allows you to control what happens to your assets when you pass away. This ensures that your assets go to who you want them to.
In the below article, Katrina Hurst, experienced Private Client Solicitor at AFG LAW covers what usually makes a Will valid and what happens if you, or someone you know, is put in the position where there’s capacity to make a Will but no ability to sign it.
When is a Will valid?
Under normal circumstances, a Will is valid if it is:
- made by a person who is 18 years old or over and
- made voluntarily and without pressure from any other person and
- made by a person who is of sound mind. This means the person must be fully aware of the nature of the document being written or signed and aware of the property and the identity of the people who may inherit and
- in writing and
- signed by the person making the will in the presence of two witnesses and
- signed by the two witnesses, in the presence of the person making the will, after it has been signed.
What if you are unable to sign your Will?
If the Testator is unable to sign their Will, there are two options that they can choose from to ensure that their Will remains valid: –
- They make a mark on the Will; or
- They can direct that the Will be signed by another person on their behalf.
In either option, it is good practice to insert a special attestation/signature clause in the Will. This clause explains that that Will was signed either with their mark or with their express direction in the presence of two further witnesses.
There are currently no restrictions as to who can sign the will on the Testator’s behalf, although whether to add restrictions is currently being considered by the Law Commission. We advise that an independent person should be used to sign on the Testator’s behalf.
Get in touch with our team of expert Private Client solicitors today
If you are looking to find a solicitor who specialises in Will and probate processes and can offer expert legal advice then our team at AFG Law are ready to assist you.
For more information on making a Will, or if you have any queries surrounding the Will and probate process, please do not hesitate to get in touch with us today. We can be contacted via email at PrivateClientDept@afglaw.co.uk or via phone call at 01204 377600.
AFG Law have multiple offices with specialist Will writing solicitors in Manchester, including Stockport, Bolton and Bury. We can also assist clients with their Will and Probate needs remotely.