Who can witness or attest the signing of a will for it to be valid in law? And what must they do?
The legal formalities to make a valid will require the will-maker to sign their will in the presence of at least two people, acting as formal witnesses to the event. Executing a will in front of witnesses fulfils a protective function.
Witnessing a will – key points:
1. The will-maker must sign the will first in front of two or more witnesses, all present at the same time and in the same place. 2. Witnesses must be mentally competent and be able to see the will-maker make their signature, (the attestation) or other sign as appropriate. 3. At least two witnesses having attested the will then sign their names; in confirmation that the will-maker’s signature, made in their presence was genuine. 4. Anyone likely to inherit under the will, ie a beneficiary, including their spouse/partner should not witness it – although the law has changed in some states and in others exceptions are permitted. Seek legal advice.
Updating a will might seem a troublesome chore, but circumstances can change from the time it was made. The changes might produce unintended and unwanted outcomes in the event of death. Therefore reviewing a will is important to keep its contents in line with intentions.
Regularly reviewing your will every few years or so, in light of changes in your life, is worth doing, as life events and matters such as those outlined below can affect a will. Everyone’s situation is different so in all cases seek professional legal advice from a solicitor providing services in this area.