Adults in California may want to draft wills to protect their minor children. They may also want to directly control who inherits their most valuable property after they die.
A will can designate a guardian for minors and the personal representative who oversees estate administration. It may also include clear instructions regarding the distribution of property among specific beneficiaries.
To ensure the validity and accuracy of a will, testators generally need to sign their wills in front of witnesses. Most people recommend using disinterested witnesses who are not also beneficiaries. What happens if an interested party signs a will as a witness?
The will is still valid
Contrary to what some people believe, the use of an interested witness does not automatically invalidate a California will. People can just select any competent adult witnesses to be present for a will signing at their own discretion.
However, the decision to use an interested witness could increase the likelihood of probate controversy later. People expecting to inherit from the estate can contest a will if there are valid legal grounds to do so.
Claims of undue influence by an outside party are among the limited circumstances that might justify a will contest in probate court. When a person set to inherit from an estate is also a witness to the signing of the will, that can raise questions about whether they may have unfairly influenced the final terms set by the testator.
Understanding the unique rules that govern estate planning and administration in California can help people draft valid wills. The selection of appropriate witnesses can strengthen a will and reduce the likelihood of future legal controversy.
