What estate planning documents must be witnessed?

When planning your estate in Delaware you must ensure that all of the documents necessary to your estate plan are witnessed correctly. These documents can include a will, living trust, power of attorney, and health care documents. For a will to be valid, it must be signed in the presence of two witnesses, who must also sign the will in your presence. The witnesses must not be named in the will and cannot be beneficiaries of the will. A living trust must also be signed in front of two witnesses and cannot contain self-proving provisions. A power of attorney must also be witnessed by two people, but the witnesses must not be related to you. Health care documents are a bit different than the other documents. A health care power of attorney must be signed in front of two witnesses and a notary public or two witnesses. It is important that the witnesses not be related to you in any way. In Delaware, it is important to ensure all your estate planning documents are correctly witnessed. A correctly signed document is more likely to be valid and enforceable in the eyes of the law. While you may not think of the witnesses when planning your estate, it is an important step that should not be overlooked.

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What estate planning documents must be witnessed?

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