What to Know About Getting Witnesses to Your Will Signing

What to Know About Getting Witnesses to Your Will Signing

When you finalize and sign your last will and testament, you must have witnesses on hand to verify that you were of sound mind when you did so. These individuals will witness your actions at the time you sign the will and, if needed, can later testify about your state of mind at the time.

The following are a few important items to know about when seeking witnesses for your will signing:

  • Selecting a witness: Witnesses should be legal adults who are likely to live longer than you, as there is the possibility they will need to be able to testify on your behalf about the will’s validity. They should not be beneficiaries in the will so as to eliminate potential conflicts of interest. They should also be credible, without a history of criminal conduct.
  • Number of witnesses: Every state requires two witnesses to be on hand at the time of the will signing, although you may have more present if you are worried about your witnesses not surviving you.
  • Showing the will: You do not need to show your witnesses the contents of your will, but doing so could be beneficial later if the validity of your will comes into question and you need your witnesses to testify on your behalf.
  • Witness signatures: Witnesses must sign the will in the presence of the person creating it. State laws very as to who must sign before whom. However, the witnesses and testator usually all sign at the same time for the sake of convenience.  Florida requires the witnesses to each sign in the presence of the testator and in the presence of each other.

To learn more about choosing witnesses to your will signing and other key considerations, consult a skilled Tampa estate planning attorney with BaumannKangas Estate Law.