A will guides the distribution of property after an individual dies. There are many state regulations in place to help ensure that wills are valid and enforceable. Simply signing a will does not make it an enforceable testamentary instrument.
State statutes also require witnesses. Otherwise, fraud related to estate planning might be far more common than it is. Witnesses can also help validate that an individual signed their estate planning documents of their own volition and not due to pressure from outside parties.
A witness’s insight into the mental state of a testator can also help clarify whether they have the testamentary capacity necessary to create binding legal instruments. Securing signatures from witnesses is therefore an important part of drafting a will. What are the requirements for witnesses?
Testators need at least two witnesses
State statutes require that testators sign in front of two witnesses or verbally attest to having signed previously to two witnesses. Typically, those witnesses must be adults who are competent. It is also usually advisable to select witnesses who do not have an interest in the estate as beneficiaries.
While state law does not prohibit the use of interested witnesses, it does impose a presumption of having grounds for a will contest when people who inherit from the estate are also the witnesses to the document signing. Neither of the witnesses needs to be a notary for the will to be valid.
Signing a will in front of witnesses or having witnesses sign shortly after the creation of a will is important. Testators often need support ensuring that the documents they draft conform to all state statutes.
