What are the requirements for a valid will if one cannot sign his/her name?

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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).
  5. 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.
  6. 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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