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Jersey has recently brought into force a facility for persons who are unable to sign a Jersey Will due to a physical incapacity.
Wills | Private Client
At last a law change to assist people who are unable to sign a Jersey Will.
Under the Signing of Instruments (Miscellaneous Provisions) (Jersey) Law 2018 if a person is unable to sign a Jersey Will, they will nevertheless be allowed to enter into a Jersey Will which will be deemed valid on the following conditions:
- The person under the physical incapacity must declare in front of two witnesses (one whom needs to be inter alia a Jersey Advocate or Jersey Solicitor) the wish for another to sign on the Testator’s behalf, due to being unable to sign a Jersey Will because of a physical incapacity.
- The Jersey Will must record the declaration of the Testator that another person is to sign the Jersey Will on the Testator’s behalf due to being unable to sign the Jersey Will.
- The Jersey Will must be read aloud in the presence of the person signing the Will on behalf of the Testator and the two witnesses. If the Testator is deaf, the whole content of the Will must be made known by other means.
- The Jersey Will must be signed by the person signing the Will on behalf of the Testator and the two witnesses, and this in each other’s presence.
- The Testator must otherwise have mental capacity.
For advice, assistance or further information on Jersey Wills or any other family issues please do not hesitate to call 630530 or email us on firstname.lastname@example.org
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