Library FAQ: How can a will be attested by a blind testator?

The library received an enquiry from a member wanting to know more information about the process and formalities for attesting and signing a will when the testator is blind. Here is a selection of information that we were able to find in the library addressing this query:

Encyclopaedia of Forms and Precedents > Wills and administration vol 42(1) will precedents > Commentary > (10) Formalities of execution of a will > 216 Testimonium and attestation clauses. This stated:

“It is, therefore, highly desirable that the will should contain an attestation clause, and also a testimonium clause, in a recognised form, indicating that the statutory requirements as to signing and attestation have been complied with. If the testator is illiterate or blind, or if the will has been signed by another person on their behalf, or if for any other reason doubt may arise as to the testator having had knowledge of the contents of the will at the time of execution, the attestation clause should add that the testator had the will read over to them and that they seemed thoroughly to understand it.”

Williams on Wills (11th ed., 2021) > Volume 1 The law of wills > Part D Form of will and execution > Chapter 12 Attestation > III. Form of attestation. Here we found:

“Alterations and interlineations are more properly noticed in the attestation clause and the clause also mentions the fact that the testator is illiterate or blind, when it is usual to add that the will has been read over to the testator and that he appeared to understand and approve its contents.”

Lexis+ practice note titled Making a Will.  This said:

“For a Will to be valid, the following conditions must be met:

• it must be in writing
• it must be signed by the testator or signed on behalf of the testator in their presence and at their direction
• it must appear that the testator intended, by their signature, to give effect to the Will
• the testator’s signature (or acknowledgement) must be made in the presence of two witnesses, present at the same time, and
• each witness must attest and sign the Will (or acknowledge their signature) in the presence of the testator, although not necessarily in the presence of any other witness

A Will may be written on any material and there is no need for it to be in any particular form.

If the testator is blind or the Will is read to them, the attestation clause must be amended accordingly.”

Overall, we were able to find lots of resources that spoke of the importance of the will being read aloud to the blind testator, and the attestation clause being amended to reflect this in order to ensure the will is valid.