Most states require two witnesses who observe the testator sign or acknowledge the signature, and who sign in the testator's presence. Presence may be assessed by line of sight or conscious presence.
Interested witness statutes address beneficiary witnesses.
Alternative Names:
Witness Requirements|Attestation Formalities
Why it Matters?
Interested witness statutes in many states purge a beneficiary-witness's bequest rather than invalidating the will, which limits the consequence but eliminates the gift, and using disinterested witnesses avoids the issue entirely. Remote and electronic execution provisions adopted in several states have created new compliance questions, since attestation by video requires specific statutory authorization that predates those enactments in most jurisdictions.
Frequently Confused with
Related terms
Frequently asked questions
What happens if a beneficiary witnesses?
Is remote execution permitted?
