setrraw.blogg.se

An "interested witness" is one whose stake in the estate creates an incentive to lie. Though states vary as to other witness requirements, common denominators are credibility, neutrality, and disinterest. For example, Texas only requires “credible witnesses who are at least 14 years of age." Again, check your state's current age requirements to be certain. This helps avoid complications down the road.įurther, most states require witnesses to be at least 18 years old. There are some exceptions to this rule, but it is much better to have everyone sign in the same sitting. Each witness then provides their own signature in the testator's presence. Among other things, this helps make sure no witnesses manipulate or exert any pressure on the testator. Witnesses must typically watch the testator sign while in each others' presence. Before you sign your will, check your state's current requirements just in case. For example, before requiring merely “two or more credible witnesses," Vermont used to be the only state that required three witnesses. Witnesses help by making sure testators are of "sound mind" when signing.Īll states require at least two witnesses. In particular, the law wants to make sure that testators lacking mental capacity are not taken advantage of.

Legally, ensuring that the testator has the mental capacity to make decisions for themself is very important. So, who else's signatures are required? Wills must be signed in the presence of witnesses. This person is known as the “testator" when they die, they are known as the “decedent." All other signatures are meant to ensure the integrity of the testator's. Of course, the most important signature required to make a will valid is that of the person making the will. This article explores a few of these requirements common across states and some potential strategies to avoid complications. Because you will not be available to protect your own estate after your death, there are a number of legal requirements meant to guard against misuse of your signature once you do die. Further, as with many legal documents, the devil is in the details.