Wills are among the most important estate planning documents. For some people, they are the only document that they create. A will can name the person who oversees estate administration, designate specific beneficiaries and provide children with a guardian if anything happens to their parents.
It is, therefore, of the utmost importance to ensure that a will complies with all state requirements so that it can serve its intended purpose. Documents need to include the right language and be in a format acceptable to the probate courts, which typically means a written or printed document. The testator needs to sign the document or
There are also rules related to witnesses. Having two witnesses is a requirement for a valid will that lines with state probate statutes. Who can sign a will as a witness to verify the identity and capacity of a testator?
Competent adults can serve as witnesses
Typically, people need to be adults to serve as legal witnesses to a will signing. Just as the person drafting the will needs to be an adult of sound mind, the same is generally true of any witnesses watching them sign.
Some people believe that they need to have a notary witness the will, but that is not necessary. It is also not mandatory to have an attorney serve as a witness, although having an attorney draft and review the document is usually a smart decision.
Although state law does not explicitly prohibit the use of an interested party as a witness like certain other states do, choosing disinterested witnesses is usually is usually the best option. In other words, the ideal witness is someone who does not stand to inherit from the estate.
Friends or neighbors rather than family members are often better witnesses than those who are among the beneficiaries of the estate. Some people do hire notaries to witness will signings, as they do not have an interest in the estate. Ensuring compliance with probate law is crucial for the creation of valid testamentary instruments. As such, people drafting wills need to make sure that the terms they include comply with state law and that the documents meet all other statutory requirements.
Having two people witness a will is as important as including the right language and ensuring that the terms in the will do not overtly violate probate statutes. Failure to honor this procedural requirement could invalidate the document entirely.