Signature Requirements: Answers to Clients' Most Common Questions

By Derek L. Graham

Do I have to sign my full name? 

Do I have to use my middle initial?

Here at Philipps & Graham, we get these questions a lot.  We get them from clients who are in our office to sign their estate planning documents.  These are really important documents and they will be relied upon to bring certainty and clarity to the families of our clients in a time of need.  So, any question regarding a signature is a very good one.  Does a person’s signature on a legal document such as a Last Will & Testament or Discretionary Trust have to be legible?  Does it have to be their full name? What are the signature requirements as stated in Ohio law?

Here is the good news.  In Ohio when it comes to signing legal documents, the intent of the signer is way more important than the clarity and handwriting of the signer.  So, while my grandmother (a long-time English teacher and grammar enthusiast with impeccable handwriting) probably rolls over in her grave every time I sign my name (which is generally illegible and doesn't always include my middle initial), my signature is just as legally binding as someone who has perfect handwriting. 

There are cases and even a statute that address signatures in Ohio.  For example, in Ohio Revised Code 1303.41 it defines what is meant by a signature saying:

(B) A signature may be made manually or by means of a device or machine and by the use of any name, including a trade or assumed name, or by a word, mark, or symbol executed or adopted by a person with present intention to authenticate a writing.

When signing legal documents, I think it is important to make sure the documents clearly identify the person signing.  In our office, a signature line will almost always have the person’s name and any representative capacity in which they are signing clearly identified below their signature.  Out in the rest of the world, if you are like me and have terrible handwriting (Logan’s is even worse than mine!) then it is a best practice to spell out your name below your signature, but it is not required. 

Some banks, title companies and lenders require you to use middle initials and sign your full name at real estate closings.  In all situations like that, the requirement comes from the institution or business asking for your signature.  I recommend doing what they ask and signing how they instruct, but legally it does not make a difference. 

Your signature is your mark and you have the right to make it however you are most comfortable—as long as it is yours and you intend to be bound by doing so.  Which is a good thing because young adults these days generally can’t write in cursive—which is a whole other blog post for a different day. 

Happy signing!