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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10493
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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if the person required to sign their will is to weak to make

Customer Question

if the person required to sign their will is to weak to make a full signature will a mark they make on the document , or thumprint, being properly witnessed, meet legal requirement ?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is Al and am happy to assist you with your enquiry.

If the will-maker cannot write, they can place a mark where they would otherwise sign and the attestation clause should state that because the will-maker was unable to sign, a mark was made by them in place of a signature. Alternatively if someone else signs by direction for a will-maker who is physically unable to sign, the attestation clause should reflect the circumstances.

The Attestation clause is the clause at the end of the Will, confirming how the will-maker has signed and that this was in front of 2 witnesses.

In your scenario, it would of course be best for a Solicitor to prepare the Will as he will know what wording is best to put in the attestation clause.

I hope this assists, but please let me know if you require any further clarification.

Kind Regards
AL