Signing and Witnessing a Will

Learn how to sign and witness a will in order for it to be legitimate!

Your will is not legally binding unless the signature and witnessing conditions are completed. When you sign the Will, you must be mentally competent, and most states require that you be at least 18 years old.

Your signature on your final will and testament must be witnessed by two other people who must also sign the will. Some governments have limitations on who may serve as a witness. A witness cannot be a beneficiary of the estate in several states. These laws have been enacted by states to avoid any conflict of interest from people who may be in line for gifts or who may gain from your death. Some jurisdictions may allow a beneficiary to appear as a witness, although doing so may result in the witness losing some or all of the property that he or she would have received. Some states also have limits on whether or not your authorized executor may serve as a witness, so check with your state again.

If you believe your last will and testament will be challenged by your heirs, you may need to get a doctor’s letter to demonstrate that you were of sound mind when you drafted and signed your will. This reduces the likelihood of your final will and testament being reversed in probate court.

Most states require that your signature and the signatures of the witnesses be notarized.