Wills help establish an individual’s legacy. A testator provides instructions about who may manage their estate and who might inherit from it. The terms included in a will tend to be deeply personal, but they can also have a lasting legal and financial impact on other people.
As such, validating that the testator was of sound mind and that they established terms of their own volition, not due to the influence of other people, is of the utmost importance. Requiring the presence of two witnesses is one way that the state helps deter undue influence and fraud. Other competent individuals must also be present when a testator signs their will.
Can those who might inherit from an estate serve as witnesses as well?
Witnessing a will creates limitations
Every state has different rules regarding who can serve as a witness. In some states, witnesses must be legal adults. In other states, people as young as 14 can act as witnesses. Some states completely prohibit those with an interest in an estate from serving as witnesses to the will signing. Others do not have any explicit rules on the matter.
The local probate statutes have a bit more nuance than those in many other states. The will is not automatically invalid simply because a beneficiary serves as a witness. However, that beneficiary could be at risk of losing some of their inheritance depending on the circumstance.
If their inheritance as outlined in the will exceeds what the state would allocate to them if the testator died without a will during intestate succession proceedings, then they may lose the balance of their inheritance if they act as a witness. Depending on the situation, that rule might mean a significant reduction in one person’s inheritance.
Both testators and the people inheriting from an estate have an interest in protecting the integrity of the estate plan by ensuring that the right people serve as witnesses. Seemingly minor decisions can have a major impact on the legacy that an individual intends to leave, which is why having support while drafting a will is of the utmost importance.
Ensuring proper compliance with all regulations can help strengthen a will and other estate planning documents. Testators who understand the regulations that apply can create the most effective documents.