Steps we take to accommodate people who are blind or partially sighted in relation to Will instructions and signing
Putting your Will in place and thinking about your estate planning is a vital step in ensuring that your assets will pass how you want on your death and that your loved ones will be provided for as you’d wish.
The basic formalities required when executing a Will are that the Will must be:
- In writing
- Signed by you as 'testator'; and
- Witnessed by two (non-beneficiary) individuals who sign the document in your presence.
If you are blind or partially sighted, some further evidence is required to ensure that the court is satisfied that your Will is a genuine expression of your wishes.
At Hunters, we help to make what can already be a daunting process as simple and comfortable as possible.
Before our first meeting to take your instructions, we will ask whether there are any adjustments we can make for you. Adjustments we can make may include providing braille or large print correspondence and visiting you at your home.
When it comes to executing the Will itself, it may be that the document needs to be translated into braille, printed in a larger font size, or that you would like an independent reader to be present at the meeting.
The 'attestation' clause at the end of a Will sets out the circumstances of its signing. This will be bespoke and confirm exactly how the signing took place in each case. For example, it might specify that the Will has been read over to you by another person in the presence of the witnesses or communicated to you by other means such as braille because you are blind.
The clause might also stipulate, as appropriate, that you have signed the Will using your 'mark' rather than a full signature. A 'mark' may include:
- Writing your initials
- Marking an ‘X’
- Using a stamp or seal
- Or even using your thumbprint.
Most importantly, the attestation clause will expressly state, for the avoidance of doubt, that you thoroughly understand and approve the contents of your Will.
You can also direct someone else to sign the Will on your behalf, for example, if you are blind or are temporarily unable to sign because, say, you have broken your wrist. In this case, there must be evidence that you positively directed this, whether by verbal or non-verbal means.
We recommend that any person signing the Will on your behalf does not benefit under it. They should be someone independent — one of the witnesses would be ideal. A blind or visually impaired person would not be deemed competent to witness the signing of another's Will.
Ultimately, you want your wishes to be followed when the time comes. We want to prevent any risk of someone challenging your Will at a later date. We also want to ensure that your executors and beneficiaries do not have to deal with any delays or additional stress when your estate is administered.
The 2022 case of Reeves v Drew is an example of what can go wrong. Here the court requested affirmative evidence of the illiterate testator's knowledge and approval of the contents of his Will. Unsatisfied, they overturned his most recent Will, which dealt with an estate worth £100 million.
With a potential new Wills Bill on the horizon, introducing with it the choice of electronic execution for Wills, we wait to see how the formalities involved might work for our blind or partially sighted clients.
At Hunters, we want the process of putting a Will in place to be as comfortable and straightforward for you as possible. Please get in touch to discuss with us any reasonable adjustments we can make that you feel would be helpful.
This article is part of Vulnerable Individuals: our initiative dedicated to supporting those in vulnerable circumstances, as well as the people who care for them. Find out more here.