My client is blind and signs her name using a stamp, can she use this stamp to execute her Will.
Rachel Stafford
Rachel Stafford Legal Services
Case law shows a variety of options constitute valid signatures; included is use of a stamp [ Jenkins v Gaisford and Thring (1863) 3 Sw & Tr 93].
Malcolm Finney
As she is in effect making it with her “mark” I would think that it would be acceptable provided the Attestation Clause is suitably worded. Having said that, I would prefer to see her making her mark with a pen.
Patrick Moroney
Thank you that is really helpful, unfortunately she is unable to hold a pen so struggles to make a meaningful mark so I have adjusted the attestation clause to confirm she is making her mark using her signature stamp.
Rachel Stafford
Rachel Stafford Legal Services
The wording of the attestation clause will be vitally important. I would refer to one of the well established text books for a suitable clause. This will, of course, be even more important if there is a challenge. In this situation I often use a dictaphone to record the execution process. A video with mobile phone may be better.
Vincent Oakley