Difference between revisions of "Making and Executing a Will (16:III)"

There must be a signature or a mark on the will intended to be a signature. Thus, something less than a signature, e.g. initials, will be sufficient where it is intended to represent the name and to be a signature (''In the Goods of Chalcraft'', [1948] 1 All ER 700; ''Bradshaw Estate Re'', [1988] NBJ No 709. Where necessary, the will-maker’s hand may be guided by another person; however, this requires the will-maker’s clear direction or consent (''Re: White'', (1948) 1 DLR 572 (NS App Div)).

The will-maker need not sign the will himself or herself. Section 1(1) and (2) of ''WESA'' provides that the will-maker’s signature includes “a signature made by another person in the will-maker's presence and by the will-maker's direction.” Where someone else signs on behalf of the will-maker, there must be some act or word by the will-maker constituting a direction or request. When someone else signs, that person may sign in either the will-maker’s name or his or her own name, but this circumstance should be noted in the attestation clause (''Re: Fiszhaut Estate'', (1966) 55 WWR 303 (BCSC)). If this issue should arise, there must be further review to ensure the signature’s legal validity.