A testator is a person who creates an estate plan. Typically, testators need to be legal adults and must have testamentary capacity to draft wills and other documents. They need to understand their circumstances and the impact the documents could have on their loved ones. Testators generally need to ensure that the wills that they draft conform to all state standards. Otherwise, will contests could lead to the probate courts setting aside their documents after they die.
Do those signing a will need to have other people present to validate their identity?
State law requires witnesses
Regardless of whether a testator signs a physical document on their own behalf, has another person sign due to their medical challenges or signs an electronic will, there need to be at least two witness signatures.
Witnesses need to be legal adults. Ideally, they should not have an interest in the estate, although interested witnesses do not automatically invalidate a will. The testator does not need to have a notary witness their signing, although notarization could be beneficial in some situations.
Witnesses can affiim an individual’s identity if there are questions about fraud in the future. They can also weigh in on the testator’s mental state. They can validate claims that the testator had the capacity to draft a will and push back against claims of undue influence by an outside party.
People who attempt to draft documents on their own behalf, often by using templates they’ve found on the internet, may fail to meet key requirements outlined in state statutes. Working with an estate planning attorney can help ensure that a testator drafts a valid will that meets all state requirements.