Witness requirements
Who must watch a document being signed, how many, and whether they may also benefit from it. Getting this wrong can void the whole document.
What it means
Wills generally require witnesses who watch the signing and sign themselves. The number, and whether they must sign in each other's presence, are set by state law.
Many states restrict interested witnesses — somebody who benefits under the document. Depending on the state, the will may still stand while the witness's gift is reduced or lost.
A notary is not a substitute for a witness. Some documents need both, and a small number of states now permit electronic wills with their own rules.
Why it matters
It is a frequent way a document that says exactly what somebody wanted turns out to be unusable.
It matters most where the signing was arranged quickly at home or in a hospital, which is exactly when the nearest available people are relatives who benefit.
When you are likely to meet it
- When a will or directive is being signed.
- When a document was signed in a hospital.
- When a witness turns out to be a beneficiary.
How this varies by state
How many witnesses are needed, whether they must sign in each other's presence, and what happens when a witness benefits are all set by state law.