Wills must meet various legal standards to be enforceable in California. They need to include appropriate testamentary language. They also require the signature of the testator, although an agent can sign on an individual’s behalf in cases where medical issues may prevent them from physically signing.
The law also requires witness signatures. Witnesses can help validate the identity of the testator and affirm their mental state when they drafted their documents. They may have to testify in court if there is controversy about a will after the testator dies.
Witnesses are a critical component of creating a valid will. Testators should ensure they have appropriate witnesses available when they draft or update a will.
What are the witness requirements in California?
State law requires that at least two competent adults sign a will as witnesses. Typically, testators need to ensure that they have at least two disinterested parties to act as witnesses. The law does not prohibit interested witnesses. It actually explicitly states that interested witnesses do not automatically invalidate a will.
However, the use of interested witnesses can increase the likelihood of litigation during estate administration. If people who inherit from the estate act as witnesses, that could lead to disputes about the validity of the document later. Such arrangements create a presumption that the party may have influenced the testator in an unacceptable manner.
Choosing the right people to act as witnesses is important for those drafting wills and other estate planning documents. People hoping to draft enforceable estate planning documents need to understand the law and may require support while drafting enforceable documents, and that’s okay.
