In case of a person being unable to sign a document for whatever reason, there are certain regulations which should be observed to ensure the validity of the document. Someone can be requested to sign it on your behalf or you can sign it by making a mark (such as a thumb print or a cross).

Should you make a mark or someone sign it on your behalf, the document must adhere to the following requirements:

• The will must be in writing. It can be handwritten, printed or typed.
• The testator must sign the will at the bottom of the last page by making a mark (e.g. a thumb print or cross), or if someone signs on his/her behalf, this person must sign at the bottom of the last page in the presence and at the instruction of the testator.
• The mark or signature of the person who signs on behalf of the testator must be made in the presence of two or more authorised witnesses as well as a Commissioner of Oaths.
• The witnesses must acknowledge and sign the will in the presence of the testator and one another. Should the will be signed by another person, it must also be executed in the presence of the testator and a Commissioner of Oaths.
• Should the will consist of more than one page, each page save the last must be signed, anywhere on the page, by the testator or the person who signs on his/her behalf.
• A Commissioner of Oaths must certify that he/she is satisfied with the identity of the testator and that the will reflects the wishes of the testator.
• The Commissioner of Oaths must sign a certificate and also sign anywhere on each page of the will.

Legislation regarding where the Commissioner of Oaths , the testator and witnesses should sign the will, as well as where and when the Commissioner of Oaths should add his certificate to the will, can be confusing. We therefore recommend that each page of the will be signed by the testator, witnesses and Commissioner of Oaths, and if the will consists of more than one page, that the certificate from the Commissioner of Oaths be added to each page.

Should a will or parts thereof be deemed as invalid after your death because these requirements were not met, it may have dramatic consequences for those whom you meant to benefit from your will. Therefore, to avoid such consequences, make sure that you meet all the necessary requirements.

This article is a general information sheet and should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your financial adviser for specific and detailed advice.