Wills are testamentary instruments that guide estate administration. The terms included in a will can designate an individual to serve as the personal representative. Wills also clarify who might act as a guardian for minor children when a parent dies.
They can allocate assets to beneficiaries in accordance with the testator’s wishes. The details included in a will directly impact the legacy an individual leaves after dying. The state, therefore, has an interest in ensuring the validity of a will after an individual passes.
Witness signatures are an important part of that process. Witnesses can validate the identity of the testator and their mental state at the time when they drafted documents.
How many witnesses are necessary?
Typically, the person drafting the will must sign their own testamentary instrument. If they cannot do that due to medical challenges, they can appoint an agent to sign the document on their behalf.
There typically need to be at least two competent adult witnesses who also sign the will. California imposes stricter standards on the selection of witnesses than many other states.
The law requires disinterested witnesses. Beneficiaries expecting to inherit from the estate typically should not also serve as witnesses. Ideally, the testator can select witnesses who have nothing to do with their estate plans.
The wrong witnesses could lead to questions about undue influence and could lead to probate litigation. Easy-to-make oversights and mistakes during estate planning can undermine the authority of the testamentary instrument a person drafts.
Having guidance during estate planning can reduce the likelihood of selecting the wrong witnesses or making other mistakes that could lead to probate controversy. Witness requirements and other statutory standards can be difficult to meet without the insight of a legal professional.