What estate planning documents must be witnessed?
Estate planning documents in Virginia must be witnessed in order for them to be valid and enforceable. This means that two people must observe the signing of the document and then sign it to certify that they observed it. The most common estate planning documents that require witnesses are a will, a revocable living trust, and a power of attorney. It is important to note that a will must be signed in the presence of two witnesses who are not named in the will. For the other documents, some or all of the witnesses may be named in the document as being authorized to make decisions. In addition to witnesses, wills must also be notarized. This means that they must be signed in front of a notary public who will place their official seal on the document and sign as a witness. Estate planning documents need to be carefully drafted and witnessed in order to be valid and legally binding. Without witnesses, these documents could be found by a court to be invalid. Thus, it is important to have all the necessary witnesses present when signing any estate planning documents.
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