In my previous post “So Who’s Will is This?” I focused on the importance of clearly identifying the testator of a will. While utilizing suggestions I offered in that post remain useful, I here want to discuss some of the basic rules that apply signatures on a will. Though these vary by jurisdiction, here are a few general guidelines worth understanding:
- Any mark can serve as the testator’s signature on the document, so long as the mark is intended to function like a signature, i.e. as the testator’s validating mark on the will.
- The mark or signature can be located anywhere on the will.
- The mark or signature need not even be written by the testator, as long as the mark is written in the testator’s presence and under his/her authorization.
- Nor does the will need signed in the presence of witnesses, but the testator must declare to the witnesses that the mark or signature is indeed a symbol that the will is his or hers.
Image by: tonyhall