The majority of states allow testators to ask someone else to sign their Wills if they are unable to sign for themselves. For example, a quadriplegic who cannot sign his or her Will can ask another person to sign on his or her behalf. However, a person directing someone else to sign his or her will must be aware of the “line of sight” requirement. The line of sight rule requires that the person directing another to sign his or her Will do so while that person is in his or her line of sight. This means that the person signing your Will on your behalf must be in your direct line of sight.
The line of sight rule requires that you witness another person signing your Will, and that third party must be in your direct line of sight. Furthermore, your witnesses must be able to witness the signing. The best way to sign a Will and to ensure you comply with the witness line of sight requirements is to conduct a Will signing ceremony in one room. This is why attorneys conduct signing ceremonies in their law offices by reserving a conference room. This way, each person signs the testator’s Will in the presence of all other witnesses.
Duffy Law Office is a member of the American Academy of Estate Planning Attorneys.