Mann Law Association
Call Us For a Consultation
phone 215-752-3117
fax 215-752-0988

Estate Planning Newsletter

  • Responsibilities of a Trustee
    Every trust must have a trustee to properly administer the elements of the trust. Trustees can be individuals, financial institutions or even organizations. A trustee follows the precise instructions of the trustor (or the... Read more.
  • Receipt of Assets in a Totten Trust upon the Owner's Death
    A decedent’s assets may be transferred upon their death to their heirs or other beneficiaries through probate. “Probate” is the legal process by which a court determines who receives a decedent’s assets under... Read more.
  • The Meaning of Probate
    Probate, a Latin term meaning “to prove the will,” is a court-supervised process that settles a person’s affairs after death. To ensure that the decedent’s final matters and wishes are handled correctly... Read more.
  • Requirements for a Will under the Uniform International Wills Act
    The Convention on the Form of an International Will (the “Convention”) was drafted and presented to the international community in 1973. The Convention was signed and ratified by a number of countries, including Canada and... Read more.
Estate Planning News Links

When Witnesses to Wills are Necessary

A witnessed will is only one of several different types of wills. It is also referred to as a “formal” or “attested” will, and involves the eyewitness participation of other people.

Witnesses

In most states, a witnessed will must be observed by 2 individuals. They must also state that they were present when the person (testator) signed the will, and then recite the way it was signed. This helps safeguard the witnessing (in case at a later date, they are unavailable to verify the testator’s signature on the will).

Who Should Be A Witness

A witness should not be someone who will inherit under the will. Some states disallow this type of witness, and other states limit the inheritance a witness to a will can receive. Witnesses should also be competent to testify about the signing of the will and likely to outlive the testator.

Signature Requirements

A witnessed will must be signed by one of the following:

  • The person making the will (testator)
  • A person the testator has chosen to sign on his/her behalf
  • A conservator chosen by the courts

Marks of the Testator

The testator does not necessarily have to put his/her signature on the will. Other marks will satisfy the signature requirement if the testator is not able to sign the will because he/she is either illiterate or disabled. These types of marks include:

  • Any mark that is near the testator’s name
  • Another person’s signature (with the testator’s direction), in the presence of the testator
  • A conservator’s signature

However, in order for these types of marks to be valid as signatures, they must be witnessed and signed by 2 other persons.

Share This Page:
Designed and Powered by NextClient

© 2013 - 2018 Mann Law Associates, P.C. All rights reserved.
Custom WebExpress™ attorney website design by NextClient.com.

Quick Contact Form - Tab
Captcha Image