A will explains an individual’s wishes regarding the administration of their estate. The testator drafting the will can select someone to serve as their personal representative or executor. They can also name specific beneficiaries and even provide clear instructions about which assets each beneficiary receives from the estate.
Any adult theoretically has the legal authority to draft a will. However, their family members and other interested parties might question the validity of the will after their passing. Complications, including medical challenges and outside influence, could lead to the probate courts setting aside a will.
Witness signatures are important, as they help validate the identity of the testator and also their cognitive state when they drafted the will. How many witnesses does California require to validate a will?
Testators need two competent witnesses
Every testator generally needs to sign their will either in front of two competent adult witnesses or must attest to signing the document previously in front of the witnesses when they sign as witnesses. They can also have an agent sign on their behalf if medical challenges prevent them from signing.
In theory, any adult who is competent can act as a witness. Having a notary act as a witness is not necessary, although some people do arrange for the notarization of a will.
Are there restrictions on witnesses?
Technically, state statutes allow testators to select any competent and available adults to act as a witness for a will. However, the law also imposes a presumption that interested witnesses may provide the basis for a will contest.
Their interest in the estate may lead to questions about undue influence. Family members and other beneficiaries could potentially justify a will contest on the basis of the witness(es) benefiting from the estate. As such, while the law does not forbid the use of interested witnesses, choosing people who are not beneficiaries to act as witnesses is usually the best option.
Ensuring that a will conforms to all state standards is critical for the protection of a testator’s testamentary intentions. Instead of risking major mistakes by trying to draft a will without support, most people benefit from having a lawyer assist them as they draft their wills and any other estate planning documents necessary for their protection and the protection of their loved ones after their passing.