There is a common misconception that if you are blind you can’t write a will. You most certainly can make a will if you are blind. There are steps that a blind person must take that other people do not need to.
Making a will for a blind person
You need to ensure:
(a) the person making the will knows what is in their will, and
(b) the Probate Registry is satisfied that this was the case.
The most effective way to do this is to read the will out loud and in full. When you do this you need to update the attestation clause too. The attestation clause must say:
(a) the will was read out,
(b) the blind person making the will understood it and
(c) they approve of the contents.
Attestation clause for a blind person
Doing this takes a little extra time and effort when drafting the will. Our policy at Make a Will Online is to update the attestation clause free of charge. We also explain the legal requirements for a customer to complete their will. Additional care should be taken for blind customers. Because of the online nature of Make a Will Online blind people need help making their will. If the person making the will is a beneficiary or benefits in some other way there is an increased chance of legal challenge.
We also provide large format wills to improve accessibility for people who are partially sighted but not blind.
What not to do
We do not recommend Braille wills for blind people. In fact Action for Blind People (part of RNIB) warns against Braille wills. Braille wills are valid wills. Unfortunately they can be easily altered.
A person who is blind or registered blind should not act as a witness for a will. The case In the Estate of Gibson in 1945 sets this out. This was the judge’s interpretation of the Wills Act 1837 and has held true since.
