If you are unable to sign your Will, you may ask someone to sign the Will on your behalf or you can sign the Will by the making of a mark (a thumbprint or the making of a cross). When the Will is signed by someone on your behalf or by the making of a mark the requirements for a valid Will are as follow:
- The testator/testatrix must sign the Will at
the end thereof by the making of a mark, or the Will must be signed by
some other person in the presence and by the direction of the
testator/testatrix.
- The mark or the signature of the other person
signing on behalf of the testator/testatrix must be made in the presence
of two or more competent witnesses and a commissioner of oaths.
- The witnesses must attest and sign the Will in
the presence of the testator/testatrix and of each other and if the Will
is signed by the other person, also in the presence of such other person
and a commissioner of oaths.
- If the Will consists of more than one page,
each page other than the page on which it ends must be signed by the
testator/testatrix or by such other person anywhere on the page. (Although
the testator / testatrix must sign all the pages of the Will it is only
the page on which the Will ends, that needs to be signed at the end of the
Will).
- A commissioner of oaths must certify that
he/she has satisfied himself/herself as to the identity of the testator
and that the Will so signed is the Will of the testator.
- The commissioner of oaths must sign his/her
certificate and he/she must also sign each other page of the Will,
anywhere on the page.
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