A will serves an important legal purpose. The instructions included in a will establish the testator’s legacy after they die. Wills may include information about what beneficiaries should inherit from an estate. Wills also empower certain people to serve as personal representatives or guardians of minor children.
Ensuring that a will is valid is therefore a top priority after a testator dies. California state law requires witnesses when the testator signs their will. Those witnesses can validate their identity and testify regarding their state of mind at the time of the document signing if there is ever any controversy about the documents.
What are the witness requirements for wills in California?
California has unique requirements
Witness requirements help ensure that there are people who can testify regarding the identity of the person who drafted the documents and their mental capacity at the time of the document signing. To prevent scenarios in which one person might exert undue influence over the entire process, the state requires at least two competent adult witnesses.
California takes the requirements for witnesses a step further by requiring disinterested witnesses. Beneficiaries of an estate typically should not serve as witnesses for the testamentary instrument that guides estate administration. There is a presumption of undue influence in scenarios where witnesses are also beneficiaries.
Without appropriate witness signatures, a will may not serve its purpose during probate proceedings. People drafting their estate plans may need help ensuring that their documents meet all state requirements. Discussing estate plans with a legal professional can help people ensure they take the right steps when drafting wills.