The signature of will (Note 1)

Will should be signed by the testator.

Signature of testator

A will may be signed by the testator with his name, initials or mark.

Incomplete signature

 

A signature left incomplete owing to weakness has been accepted.

 

Signature with a dry pen

 

Re-execution by the testator going over his signature with a dry pen has been held to be sufficient if in the presence of two witnesses who then attested the re-execution.

 

Signature in foreign characters

 

If the signature is in foreign characters, evidence is required that the deceased signed his name in the (Greek) characters, and as to the testator’s knowledge of the contents of the will.

 

Signature by mark

 

The testator’s mark, whether accompanied by his name or not, is sufficient as a signature.

The mark may be made with a pen or with some other instrument. A mark made with a stamp, engraved with the testator’s name or with a seal engraved with his initials has been held to be a good execution.

A thumb-print mark has been accepted.

Position of signature

 

There is no requirement as to the position of the testator’s signature. In practice, it is at the foot or end of the will.

 

Note 1 : RR D’Costa, JI Winegarten, T Synak, “Tristram And Coote’s Probate Practice”, 30 ed, Butterworth, 2006, page 65-67.

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