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Who can serve as a Witness to my Will?

Learn who can legally serve as a witness when signing your Will.

Updated over 2 weeks ago

When it comes time to sign your Will, you’ll generally need at least two witnesses present to watch you sign the document and then sign it themselves. These witnesses help verify that your Will was signed willingly and that you were of sound mind.

Basic Requirements for Will Witnesses

While specific rules vary by state, most states require that a Will witness:

  • Is at least 18 years old

  • Is mentally competent

  • Is not a beneficiary of the Will

Why Witnesses Shouldn’t Be Beneficiaries

In many states, if a person who witnesses your Will is also named as a beneficiary:

  • Their inheritance could be invalidated

  • It may create a conflict of interest

  • It could open the door for legal challenges later on

To avoid this, it's best to choose witnesses who are completely neutral, such as:

  • Neighbors

  • Coworkers

  • Friends not named in the Will

What If I’m Not Sure Who Qualifies?

NetLaw provides execution instructions alongside your Will. These instructions include:

  • The number of witnesses required in your state

  • Any state-specific restrictions or recommendations

  • Guidance for notarization, if applicable

Following these steps helps ensure your Will is legally valid and enforceable.

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