Can a will be made or signed in British Sign Language?

This comes up a lot, and the answer has two halves that are easy to confuse. A will cannot be a BSL video. But BSL can, and should, be used throughout the process of making one.

Here is how that works, and what separates a robust will from a fragile one.

The short answer

In England and Wales a will must be in writing. A recording of someone signing their wishes in BSL is not a will, however clear it is.

But nothing requires the process of making that written will to happen in English. Your instructions can be given in BSL, the draft can be interpreted into BSL for you, and your understanding and approval can be established in BSL. The document is written; the conversation does not have to be.

Why the document itself must be written

The rules come from the Wills Act 1837. A will is valid if it is in writing, signed by the person making it with the intention of giving it effect, and that signature is made or acknowledged in front of two witnesses who are present at the same time and who then sign in that person's presence.

"In writing" is the part that rules out video. Parliament has not changed it, and while reform has been discussed for years, it has not happened.

So the practical position is that the will is a written English document, and BSL is the language in which it is explained, discussed and approved.

Knowledge and approval: the part that really matters

For a will to stand, the person making it must understand what it says and approve its contents. Lawyers call this knowledge and approval, and it is the ground on which wills are most often challenged where there was a communication barrier.

This is precisely why doing it properly in BSL makes the will stronger rather than weaker. A will made with a qualified interpreter, where the interpretation is recorded as part of the process, is far more robust than one where a Deaf person was handed a document in a language that is not their first and asked to sign it.

The weak version is not the BSL one. It is the one where nobody can show the person understood.

How the law handles other communication barriers

There is well-established practice for testators who cannot read the will themselves, and it maps directly onto BSL.

Where a testator is blind or cannot read, the will is read aloud to them in front of the witnesses, and the attestation clause, the paragraph at the end recording how the will was signed, states that the will was read over and that the testator appeared to understand and approve it.

Where a testator does not speak English, an interpreter reads the will in both languages in front of the witnesses, and the attestation clause names the interpreter, identifies the language, and records that this happened.

BSL is not identical to either of those situations in law, but careful practitioners apply the same logic: the will is interpreted into BSL, and the attestation clause records that it was interpreted by a named, qualified interpreter and that the testator appeared to understand and approve it.

That single paragraph is what a challenger has to get past years later. A standard attestation clause that says nothing about interpretation leaves a gap where that evidence should be.

Signing, and signing at your direction

You sign the will yourself in the ordinary way. Being Deaf has no bearing on that.

It is worth knowing, though, that the law allows a will to be signed by someone else in the testator's presence and at their direction, which covers a range of physical circumstances. Where that happens, the courts require a positive and discernible communication from the testator that they wanted the will signed on their behalf. A direction given clearly in BSL, properly interpreted and recorded, is capable of being exactly that.

Choosing a qualified interpreter

Use a professional registered with the NRCPD, the National Registers of Communication Professionals working with Deaf and Deafblind People. Registration means assessed qualifications, a code of conduct and confidentiality obligations.

Avoid using a family member, particularly one who benefits under the will. It creates an obvious conflict and it is the first thing anyone challenging the will would point at. Our guide on whether you need an interpreter and who pays goes through that in detail.

There is also a separate rule about witnesses that is worth knowing: a witness, or the husband, wife or civil partner of a witness, cannot inherit under the will. Our guide on whether a BSL interpreter can witness a will covers who should do what at the signing.

Video appointments

A will meeting can happen by video, and for many Deaf clients that is easier than travelling, because the interpreter, the will writer and the client can all see each other clearly.

Witnessing is a separate question from the meeting, and the requirements for signing and witnessing are strict. Whoever you use should explain exactly how that part will be handled before you get to it.

What we do

We have an in-house BSL interpreter, Catherine Moxon, who is NRCPD-registered with over thirty years' experience. She joins the appointment for the full meeting, at no extra charge and with no shortened meeting to compensate. Our fees are the same as for any other client: a single will from £195, mirror wills from £350, including VAT.

We are not the only firm offering BSL-accessible will writing, and we would not claim to be. What we would say is that having the interpreter in house, rather than booked in for an hour, means the same person is there for follow-up appointments and for the years afterwards, including any trustee meetings.

You can read more on our Deaf and BSL service page, meet Catherine on our team page, or start with the main guide on making a will when you are Deaf or hard of hearing.

In summary

A will cannot be a BSL video, because the law requires writing. But a will can and should be made in BSL in every other sense: the instructions, the explanation, the questions and the approval.

Done properly, with a qualified interpreter and an attestation clause that records what happened, a will made this way is not a compromise. It is a stronger document than one signed by someone who never fully understood it.

If you would like to talk it through, get in touch and tell us how you would prefer to communicate.

This article is general information, not legal advice, and figures and rules can change. For guidance on your own situation, please get in touch.