Why Do You Need A Witness?
It is a requirement by the law that during the signing of the will, two witnesses must be present.
The witnesses observe your mental capability to make a will and that you intended to sign it.
What Will The Witness Observe?
Why Is A Will Huddersfield So Important?
You may opt to have more than the required number of witnesses (2) present during the signing in case you think either witness will fail to survive you.
If you are blind, illiterate, incapacitated or too unwell to sign the will, the law allows for the will to be signed on your behalf, as long as you are in the room and you give directions during the signing.
Witness qualifications Huddersfield
What to consider
A Self-Proving Affidavit may be used. A self-proving affidavit is a statement document by a witness stating that he/she witnessed the signing of the will and that you were mentally competent when you signed it. If present, the witnesses must sign the self-proving affidavit in the presence of a notary public after presenting necessary identification. The notary must then sign the affidavit and affix his seal to it.
Qualifications Needed
Must be over 18 years old and above adults and independent and sound enough to understand the whole process.
The witnesses or their relatives or civil partners must not be potential beneficiaries of the will to avoid potential conflicts of interest.
During witnessing:
- All the three of you must be present (you and the two witnesses) at the same time.
- You sign the will first followed by each of the two witnesses.
- The witnesses sign their usual signatures followed by their names, occupation, and addresses.
- Nobody leaves the room before the signing process is completed.
- The signing should be done without pressure from any party.
The self-proving affidavit can persuade a probate court not to require the witness to take the stand at a probate hearing after the testator’s death.
Lack of a self-proving affidavit, however, does not make a will invalid.