Colin Wong
A will must be witnessed by two people before it is valid. There are rules about who should, and shouldn’t, take on the job.
There are specific requirements that must be met for a will to be legally valid, and proper witnessing is one of the most important. It’s also where many people make mistakes.
Requirements vary somewhat from state to state, but some common criteria apply across the US.
Criteria for witnessing a will
Most importantly, witnesses must be adults, 18 or older, and mentally capable of understanding the significance of the will-making and witnessing process. That means they should be able to appreciate the potential impact of the will, form a view on whether the will-maker seems to know what they are doing, and understand the importance of their own role.
An impartial witness, with no personal stake in what the will says, is the safer choice. Beneficiaries, their spouses, and your executor are the ones to avoid. If a beneficiary does witness a will, it usually doesn’t make the will invalid. In some states it cancels the gift to that witness while the rest of the will stands, and a few states handle it differently again, so check what yours says.
Using an impartial witness helps prevent conflicts of interest and reduces the risk that the will could later be challenged on grounds of undue influence.
There is no requirement for witnesses to be a notary public or other credentialed official, though such individuals are perfectly eligible to serve as witnesses if you prefer.
What does a witness actually do?
The role of a witness is to confirm that the person making the will, sometimes called the testator, is of sound mind and acting free from undue influence.
Witnesses don’t need to read the will. They simply need to watch the will-maker sign it, and then sign it themselves in the presence of the will-maker and each other.
Many wills ask witnesses to sign or initial every page and print their names and addresses beneath their signatures. This makes it possible to contact them later if any questions arise about the will’s validity. They can confirm they were present, that the will-maker signed willingly, and that everything appeared to be in order. Most states also let witnesses sign a separate sworn statement in front of a notary, which spares anybody having to track them down years later.
The will-maker and both witnesses should also use the same pen throughout the signing process.
Taking the next step
You can write or update your will online with EveryWill, and it costs you nothing. Charities cover the cost, and you can choose to leave a gift to one if it feels right.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws vary by state. For advice specific to your situation, please consult a licensed attorney in your state.