Who can serve as a witness to a will?
In California, witnesses for a will must be at least 18 years of age and of sound mind. They must also sign the document in the capacity of a witness, meaning that their signature must be witnessed by another party. To be a valid witness, they must also be “disinterested”, meaning that they are not beneficiaries of the will or related to any of the beneficiaries of the will. Family members are allowed to serve as witnesses as long as they are not named in the will as a beneficiary or are not related to any of the beneficiaries. Alternatively, a trusted friend or acquaintance who is unrelated to the beneficiaries of the will can also serve as a witness. It is important to note that the witness must be present when the signature is written on the will and may even be present during the signing process to verify it. Other important roles of a witness is to attest to the capacity of the person signing the will. This means that the witness must be present to observe that the person making the will is in a sound mind and has an understanding of what the will says and who the beneficiaries will be. Lastly, the witness must sign the will in the presence of the person making the will as well as two other persons who are unrelated to the will. This will then officially complete the witnessing process.
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