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When a person cannot sign a will

On Behalf of | Feb 5, 2020 | Simple Wills | 0 comments

In order to properly validate a will, you need to add your signature to it. However, some people have older parents who, although they need to make out a will, suffer from health challenges that do not make it possible to legibly sign a document. Fortunately, Virginia law accommodates people who do not have the ability to sign their own wills.

According to state law, a testator makes a will valid by signing and dating the will while two individuals witness the event. These witnesses should be older than 18 years old and they should sign the will with the testator observing. A testator can also handwrite his or her own will, with witnesses present to observe the signing and confirm the validity of the handwriting as belonging to the testator.

However, some people cannot write, much less sign a will. They may suffer from a muscular or neurological disorder that impedes their handwriting. Ailments from old age may cause problems with writing. Some people have experienced a serious accident that caused injuries making it impossible for them to sign a paper. But if you or are a loved one cannot sign a will, someone else may do it for you.

Virginia law states that to make a will valid without the signature of the testator, the testator must direct another person to sign the will. The signing must take place in the presence of the testator. It cannot happen without the testator witnessing it. The law also states that the signer should write the name in such a manner that it clearly appears to be a signature.

The presence of witnesses remains important to bolster the validity of the will and the fact that even though the testator did not sign the will personally, the will is nonetheless an accurate representation of the wishes of the testator. People who have accommodation concerns for a loved one might benefit from asking an experienced legal counsel about the matter.