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Is it legal for parties to put a pen in a sedated person's hand and sign their Will? Or is it fraud? I really need to know, please

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    It may be neither, since 'fraud' has a precise definition. Which jurisdiction is this? – Tim Lymington Apr 6 at 11:55
  • I don't know if it's fraud or not, but it's indisputable that the resulting will is invalid. – Mark Apr 9 at 3:00
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Signing a will, as with any other document, is intended to represent a voluntary choice to assent to the document. In the case of a will, a valid signature by the testator expresses the testator's intent that his or her estate be governed by the provisions of the will.

Signing using the hand of an unconscious testator (or an unwilling one) would be an act of forgery. It would certainly not create a valid will. In addition, since the witnesses generally certify that it was signed by the testator in their presence they would have committed an act of perjury. Whether either act als constituted fraud I am not sure, but these are clearly not legal acts.

(There are cases where a will can be signed without witnesses, most commonly a holographic will, but they do not seem to apply here.)

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A will must be signed in front of witnesses. https://info.legalzoom.com/rules-witnessing-20722.html

If there were no witnesses, it was not valid.

  • Assuming that there are witnesses, are you claiming that this version of "signing a will" is valid; is it fraud; is it forgery? – user6726 Apr 6 at 20:14
  • This does not answer the question. – David Siegel Apr 7 at 0:31

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