Is a Will legal if the only 2 witness signatures are the people named in the Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is a Will legal if the only 2 witness signatures are the people named in the Will?

Can the person named as “Power of Attorney” be a witness if named in the Will?

Asked on March 6, 2015 under Estate Planning, California

Answers:

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

Answered 6 years ago | Contributor

You need to have two disinterested witnesses sign the Will.  If the beneficiaries are witnesses, this raises the issue of undue influence which may result in a future challenge of the Will's validity.  A person who has power of attorney has a conflict of interest  and is not a disinterested witness signing the Will.  Again, this raises the issue of undue influence exerted on the testator (person whose Will this is).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption