Can I Make a Will if I am Physically Incapable of Signing a Document?

A Will is an important document. It allows you to specify how and to whom you property is distributed when you die.

To be valid, certain formalities must be followed. For example, if you want to create a holographic Will, it should be completely in your own handwriting and signed by you.  An attested Will must also be in writing, signed, and attested in your presence by two credible witnesses.

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 the Will can be signed by another person at the Testator’s direction and in his presence. The Testator’s 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.”

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