who can be used as a witness for a will

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who can be used as a witness for a will

can the husband be used as a witness for his wife?

Asked on July 22, 2018 under Estate Planning, Colorado

Answers:

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

Answered 3 years ago | Contributor

As a general rule a family member can act as a witness. However, due to potential conflicts of interest, using a relative as a witness could present a problem if they are a named beneficiary in the Will. If not, then there should be no problem. That having been said, it is preferred that non-family members witness the testator's signature in the event that the Will is for some reason found to be invalid by the probate court, since a relative could be an heir of the deceased (and a husband would be an heir.

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

Answered 3 years ago | Contributor

As a general rule a family member can act as a witness. However, due to potential conflicts of interest, using a relative as a witness could present a problem if they are a named beneficiary in the Will. If not, then there should be no problem. That having been said, it is preferred that non-family members witness the testator's signature in the event that the Will is for some reason found to be invalid by the probate court, since a relative could be an heir of the deceased (and a husband would be an heir.


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