Also known as: attesting witness
Written by attorneys · grounded in primary & secondary sources — see below
Persons who observe a testator sign or acknowledge a will and then sign the instrument themselves to verify that the execution formalities were satisfied. Their signatures supply the attestation required by applicable state law for a will to be validly executed.
Dana printed a photograph of whiteboard notes that set out her estate plan and signed the printout at the bottom. She then asked two board members to sign in the margin while she remained present. The two signatures supplied the attestation needed for the document to qualify as a validly executed will under governing procedures.
Carlos signed his handwritten will at the kitchen table in front of two neighbors. The neighbors then signed affidavits before a notary acknowledging that they had witnessed Carlos sign or acknowledge the document. Their combined signatures and affidavits allowed the will to be simultaneously attested and made self-proved.
Select any source to read its text and confirm it supports the definition.
No. The governing rules require only that the witnesses sign after observing the testator sign or acknowledge the will. Their signatures confirm the execution ceremony occurred. They need not review the substantive provisions.
Supporting sources
Yes, provided each properly attests under the procedures supplied by applicable law. The core requirement is the presence of the required number of signatures on the written instrument. Same-day signing is not mandated by the Restatement or UPC provisions.
Supporting sources
No. Modern statutes provide that an interested witness's signature does not invalidate the will or any provision of it. The presence of a second, disinterested witness further supports validity.
Supporting sources
Their testimony or affidavit establishes due execution. When the will is self-proved, the acknowledgment and affidavits satisfy the execution requirements without live testimony from any attesting witness.
Supporting sources
…blank spaces in the paper — first at the top and then in the testimonium and attestation clauses. ... he said to one of the two attesting witnesses, “This is my will, I have signed it,’ and to the other, ‘I wish you to witness my name to a paper,’ and subsequently handed it to a physician, saying, “This is my will, and I want you to…