A Will is an important document. It allows you to specify who will receive your property when you die.
To be valid, certain formalities must be followed. For example, if you want to create a holographic Will, it must be completely in your own handwriting and signed by you. A typewritten Will must be signed by you. Additionally, at least two credible witnesses over the age of 14 must sign it in your presence.
But what if a disability leaves you physically incapable of actually signing a Will? Can you still satisfy the signing requirement for an attested Will?
The short answer is Yes.
The Texas Estates Code provides that a testator can direct another person to sign a Will in the testator’s presence. The testator can indicate his direction verbally, by an affirmative response to a question, or through a gesture.
Also, the Texas Government Code authorizes a notary to sign the name of an individual who is physically unable to sign or make a mark on a document presented for notarization if the individual directs the notary to do so in the presence of a witness who has no legal or equitable interest in any real or personal property that is the subject of, or is affected by, the document being signed. The notary must require identification from the witness and must write beneath his signature something substantially similar to the following: Signature affixed by notary in the presence of (name of witness), a disinterested witness under Section 406.165, Government Code.”
