Signing a will requires witnesses who can testify if there are challenges against the document after the testator dies. Almost any competent adult can act as a witness to a Virginia will signing.
Frequently, people turn to uninvolved or uninterested parties to act as their witnesses. However, especially when there are time constraints, there may be fewer options when deciding who witnesses a will signing. A testator may ultimately require the signature of an interested witness. An interested witness is someone who stands to inherit from the estate after the testator’s passing.
How can the use of an interested witness influence the validity of a will in Virginia?
Interested witnesses do not invalidate wills
The law does not prohibit the use of an interested witness in Virginia. Testators can rely on friends or family members included in their list of beneficiaries to witness their will.
The law explicitly allows for the use of interested witnesses. In other words, if someone who witnesses the will also inherits from the estate, the will is still potentially valid and enforceable.
Testators should recognize that the will is likely to face greater scrutiny after their passing, as interested witnesses could theoretically exert undue influence on the testator. Especially in cases where those interested witnesses receive a larger inheritance than other people expected, there may be questions about if they manipulated or coerced the testator into making estate planning concessions for their personal benefit.
Understanding the laws that govern wills and estate planning in Virginia can help people to better ensure that their documents are accurate and enforceable. An attorney can help people select appropriate witnesses and integrate the right language into a Virginia will.