Can a family member sign as a witness to a will

Can a family member like a cousin or neice
sign as a witness on a will. Also My dad
doesnt have any ID at all with him. He is in a
nursing home. His wife is with him to witness
who he is. The nursing home is 2 hours away
from home my dad wants to get it done asap.
Also other family members from his side his
wifes side are with him.

Asked on May 19, 2018 under Estate Planning, Alabama


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They can sign so long as they are not named in the Will. That having beens said, it is best to have witnesses that have no relation to the "testaor" (i.e. the person making the Will), again assuming that they are not a named beneficiary.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It would not be a good idea to have family members sign as witnesses to the Will because disinterested witnesses are required.  Nursing home employees can be the witnesses since they are disinterested, which means not beneficiaries of the Will.

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