When you draft a last will and testament, it must be witnessed in order to be considered valid by the courts.
If you have an estate planning lawyer handle your Will (and you should), then he or she will take care of having the document appropriately witnessed.
But for those who feel the need to try composing their own, you ought to know that not simply anyone can witness your will.
For beginners, the witness should be of legal age and also be of sound mind. This is important due to the fact that if your witness is the least unsteady psychologically, it might be grounds for a successful challenge after you’re gone.
The other thing you require to keep in mind is that your witnesses should have no interest in the Will or your estate. This implies that anyone who will or might potentially anticipate to acquire can not be a witness. And here’s why:
If you leave half of your estate to your cousin George and George is likewise a witness, who’s to state that George didn’t influence you in some way to get that inheritance?
That’s right– nobody can say for sure since you’ll be passed the time the concern comes up.
Of course, witnesses aren’t the only thing that can invalidate your Will and ensuring your file fulfills state requirements isn’t an issue when you have an estate planning attorney in your corner.