Local – fast appointments – we come to you – day, evening and weekends – cost effective option – approved will writing service

Witnessing a Will

Witnessing of a will is done during the signing of the will by the testator. It is a requirement by the law that during the signing of the will, two witnesses must be present. The witnesses observe your mental capability to make a will and that you intended to sign it.
During this time, the witnesses observe your actions and can later testify your state of mind if needed to. Witnesses can confirm that it is actually you whose signature appears on the will. For this reason, witnesses should be familiar enough with you to confirm your identity.

Witnesses are present to accredit that you have made and signed the will, but they do not necessarily have to know what is contained in the will.

Witness qualifications

A Self-Proving Affidavit may be used. A self-proving affidavit is a statement document by a witness stating that he/she witnessed the signing of the will and that you were mentally competent when you signed it. If present, the witnesses must sign the self-proving affidavit in the presence of a notary public after presenting necessary identification. The notary must then sign the affidavit and affix his seal to it.

During witnessing;

A Self-Proving Affidavit may be used. A self-proving affidavit is a statement document by a witness stating that he/she witnessed the signing of the will and that you were mentally competent when you signed it. If present, the witnesses must sign the self-proving affidavit in the presence of a notary public after presenting necessary identification. The notary must then sign the affidavit and affix his seal to it.

The self-proving affidavit can persuade a probate court not to require the witness to take the stand at a probate hearing after the testator’s death.
Lack of a self-proving affidavit, however, does not make a will invalid.