Under Uniform Probate Code § 2-502(a)(2), a will must be signed by the testator, or—if the testator is physically unable—signed by another individual only in the testator’s conscious presence and at the testator’s direction.
This provision permits delegation of the physical act of signing, but only in a narrow, supervised form. The signer acts as a mechanical substitute for the testator’s hand, not as an agent exercising independent authority.
What Delegation Means Under § 2-502
Function
Permitted?
Testator personally signs
yes
Another signs at testator’s direction
yes
Signing in testator’s conscious presence
yes
Delegation to overcome physical incapacity
yes
General agency execution
no
Signing under a power of attorney
no
Signing outside the testator’s presence
no
Independent judgment by signer
no
The Uniform Probate Code draws a firm line between assistance and substitution. Testamentary intent and finality remain nondelegable, even when the physical act of signing is assisted.
Bottom line: § 2-502 allows help with the pen, not transfer of the will-making act itself.
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