When signing a Will, most individuals can complete the process with a standard witness clause, confirming they signed voluntarily in the presence of two witnesses. However, certain situations require additional steps to ensure the Will’s validity. Whether a testator is blind, unable to sign, or has limited English comprehension, it’s crucial to document the signing process accurately to prevent future legal challenges.
When a Testator Is Blind or Cannot Read
A testator who is blind or illiterate may need the Will read aloud to them before signing. To ensure they fully understand the document, one of the witnesses or a designated individual should read it aloud in their presence. If the testator is able to sign, they may do so by making a personal mark, such as an “X.” If they are unable to sign independently, additional accommodations may be necessary.
When the Testator Cannot Physically Sign
Some individuals may be physically unable to sign due to a disability or medical condition. In these cases, another person may sign on the testator’s behalf, but this must be done at the testator’s clear direction and in the presence of two witnesses. This ensures that the Will reflects the testator’s wishes and is not signed under undue influence.
When a Testator Has Limited English Proficiency
If a testator has limited comprehension of the English language, an interpreter should be present to read and explain the Will in their native language. One of the witnesses should then re-read the Will in English to confirm that the testator comprehends its contents. The attestation clause should include a statement that the testator understands a specific language, that the Will was read to the testator in both languages and include the name of the interpreter.
Why These Steps Matter
Failing to follow the appropriate signing procedures can lead to a Will being contested in court. If there is any ambiguity about whether the testator understood or approved the document, disputes may arise among beneficiaries. Proper documentation—including a clear attestation clause and an affidavit of execution—helps protect the testator’s wishes and reduces the risk of legal challenges.
Every testator deserves the opportunity to have their Will executed properly, regardless of physical or linguistic barriers. Ensuring that special signing requirements are met helps safeguard the integrity of the document and the testator’s final wishes. If you are involved in preparing or witnessing a will, consult a legal professional to ensure the process is handled correctly.
More information? We’re here to help – [email protected] This WARDS LAWYERS PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.
