When drafting a will, witnesses play a critical role. If there is ever a dispute about the document in the future, witnesses may have to testify in probate court. They can help confirm the identity of the person who signed the documents. They can also speak to their state of mind at the time of the document signing.
California state statutes require two witnesses at will signings to help validate the documents later, if necessary. Testators drafting or updating their wills may need to be careful about who they select to act as witnesses. They may need to plan ahead to avoid selecting beneficiaries of the estate to witness their will signing.
The law doesn’t outright prohibit interested witnesses
Testators technically have the right to ask any competent adult to witness their will signing. However, people in their inner circle who are likely to inherit from their estate may not be the best witnesses.
State law explicitly allows for the use of an interested witness. However, the signature of an interested witness can lead to questions about undue influence during estate administration.
In the event of probate litigation or a will challenge, the decision to use an interested witness could strengthen the claim of the plaintiffs. Especially if they allege that the witness was the party who influenced the testator to change the terms of the will, the courts may agree to set aside the will.
The selection of witnesses is an important part of creating an effective estate plan. Additionally, learning more about the nuances of estate planning laws and the requirements for wills can be helpful for those concerned about drafting valid documents.
