When you draft a last will and testimony, it needs to be experienced in order to be considered valid by the courts.
If you have an estate planning attorney handle your Will (and you must), then he or she will look after having the document properly witnessed.
But for those who feel the need to attempt writing their own, you should be mindful that not simply anyone can witness your will.
For beginners, the witness must be of legal age and likewise be of sound mind. This is essential because if your witness is the least unstable psychologically, it might be grounds for an effective challenge after you’re gone.
The other thing you need to bear in mind is that your witnesses ought to have no interest in the Will or your estate. This indicates that anyone who will or could possibly anticipate to inherit can not be a witness. And here’s why:
If you leave half of your estate to your cousin George and George is also a witness, who’s to state that George didn’t influence you in some method to get that inheritance?
That’s right– no one can state for sure since you’ll be passed the time the issue comes up.
Of course, witnesses aren’t the only thing that can revoke your Will and ensuring your document meets state requirements isn’t an issue when you have an estate planning attorney in your corner.