fbpx

Signing and witnessing a Will with special requirements

Generally, a Will be signed by the willmaker (testator) in front of two witnesses who each witness the signature and then sign the Will in front of each other.

Though not legally required, the Will usually has an attestation clause towards the end which sets out the circumstances in which the testator signed the Will in the presences of witnesses.

The attestation clause will usually be something along the lines of:

SIGNED by the testator in the presence of both of us being present at the same time and attested by us in the presence of the testator and each other.

The clause simply confirms that the testator and witnesses all signed the Will in front of each other and all witnessed the signatures of each other.

On occasion, a testator may have special requirements for example, if they are blind or unable to sign the Will themself.

It is important that the attestation clause in the Will accurately sets out the circumstances in which the will was signed or the validity of the Will may be challenged at a later date.

In circumstances where the testator is blind and unable to write, it may be necessary for another person to sign the will on their behalf and at their direction. The attestation clause may be amended to:

The testator being blind and unable to read or write, (NAME OF THE PERSON READING THE WILL TO THE TESTATOR) read this Will to the testator in the presence of (NAME OF WITNESSES) and then the testator stated that they knew and approved its contents. Then (NAME OF THE PERSON SIGNING THE WILL FOR THE TESTATOR) signed the Will with the name of the Testator at their request and in the presence of the Testator and both of us, all four persons being present at the same time, and we attested that the signature in the presence of the testator of (NAME OF THE PERSONS SIGNING THE WILL FOR THE TESTATOR) and of each other.

It is important that if the Will is signed at the testator’s direction there is “positive and discernible communication” by the testator that they want they want the Will to be signed on their behalf by another person. It is usually a good idea to prepare evidence at the time the will is signed to ensure any claims that the Will may not be valid can be refuted particularly where it could be many years later and people’s memory may be fading.

Our Will and Probate lawyers are experienced in preparing Wills for clients with various special requirements. We can take the steps to ensure that the Will is validly signed and witness and ensure that the risk of people claiming the Will is invalid are mitigated.

More information

Laws & Regulations

Related Posts

DISCLAIMER

No part of these notes can be regarded as legal advice. Although all care has been taken in preparing all notes, readers must not alter their position or refrain from doing so in reliance on any of these notes. Stephen Wawn & Associates do not accept or undertake any duty of care to readers relating to any of these notes. All inquiries should be directed to Stephen Wawn & Associates.

We are using cookies to give you the best experience. You can find out more about which cookies we are using or switch them off in privacy settings.
AcceptPrivacy Settings

GDPR

  • Privacy Policy
  • Google Analytic
  • Facebook Pixel
  • LinkedIn Insight
  • Microsoft Clarity

Privacy Policy

We collect and use your data to provide and improve our services to you and your experience. By using our website, you agree to the collection and use of your information in accordance with our Privacy Policy.

Our full privacy policy can be found here: https://stephenwawn.com.au/privacy-policy/

Google Analytic

Our website uses Google Analytics to collect anonymous information such as the number of visitors to the site and the most popular pages.

Information on the Google Analystics Privacy Policy can be found here: https://policies.google.com/privacy

Keeping this cookie enabled helps us to improve our website and your experience.

Facebook Pixel

Our website uses Facebook Pixel to collect anonymous information which may be linked to your Facebook account.

Information on the Facebook Privacy Policy can be found here: https://www.facebook.com/policies/cookies/

Keeping this cookie enabled helps us to improve our website and your experience.

LinkedIn Insight

Our website uses LinkedIn Insight to collect anonymous information including your engagement with posts and pages related to our business on LinkedIn which may be linked to your LinkedIn account.

Information on the LinkedIn Privacy Policy can be found here: https://www.linkedin.com/legal/privacy-policy

Keeping this cookie enabled helps us to improve our website, the content on our website and your experience.

Microsoft Clarity

Our website uses Microsoft Clarity to collect anonymous information on your use and interactions with our website to help improve your use of our website.

Information on the Microsoft Privacy Policy can be found here: https://privacy.microsoft.com/en-GB/privacystatement

Keeping this cookie enabled helps us to improve our website, the content on our website and your experience.