How do you go about making a Will if you have sight loss or mobility issues, or don’t speak English?
An amicable resolution
I read a statistic recently that every day 250 people in the UK start to lose their sight. And whereas today there are roughly 2 million people with sight loss in the UK, this may rise to 4 million by 2050. With these stats in mind, it’s not surprising that we’re increasingly being asked about how people can make a Will (or do other legal paperwork) if they are partially sighted or blind. After all, in Scotland, anyone making a Will needs to read and sign every page.
In fact, the process is relatively straightforward:
- If the person making the Will (the‘granter’) is partially sighted, the Will can be printed in a font large and clear enough for them to read and sign it.
- If the granter cannot do this, the law in Scotland provides that a ‘relevant person’ (such as a solicitor) can read the document to them in the presence of a witness. The granter then authorises the solicitor to sign it on their behalf, and there will be a clause in the Will stating that this has happened. The witness will also sign.
- This process, called ‘notarial execution’,can also be used for people who are sighted but cannot read or write –perhaps because they have literacy or mobility issues.
- It’s also possible for the granter to make a declaration that they don’t want the ‘relevant person’ to read the Will, and to have a witnessed statement to that effect in the Will.
Wills for non-English speakers
What if someone wishes to make a Will but cannot understand or speak English? In this situation, we usually suggest having an interpreter / translator assist them.
To avoid future disputes, the interpreter /translator should not have any conflict of interest (for example, be a family member standing to gain from the Will). They should also understand the need to keep the information confidential and, ideally, have a reasonable grasp of the legal concepts involved.
Capacity Issues
It’s important to emphasise that these scenarios are very different to the question of whether someone has capacity (i.e. the legal or cognitive ability) to make a Will. This is a separate issue that requires its own arrangements and precautions.
Clare McCarroll, Partner, Private Client Services
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