Also known as: interested witnesses · biased witness
Written by attorneys · grounded in primary & secondary sources — see below
A witness to a will who stands to receive a devise or other benefit under its terms. Modern probate statutes provide that the witness's interest does not prevent the witness from serving or invalidate the will or any provision within it.
Imani Idowu executed a typed will in her restaurant that left a twenty percent ownership interest to her head chef, Idris Ives. Idris watched Imani sign and then signed as a witness along with the manager. After Imani's death her child challenged the gift to Idris on the ground that he was an interested witness. The court upheld both the will and the gift because an interested witness's signature does not affect validity.
Arthur signed his will in a backstage hallway minutes before a concert and left a lifetime management fee to his assistant Troy. Troy signed as the first witness while a second witness with no interest in the estate signed immediately afterward. After Arthur's death a family member sought to invalidate the fee provision because of Troy's financial stake. The court admitted the will in full because the interested witness's signature produced no invalidating effect.
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No. The signing of a will by an interested witness does not invalidate the will or any provision of it. The statute focuses instead on whether each witness is generally competent to testify.
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A witness is interested when the witness receives a direct financial benefit under the will such as a devise or percentage of profits. Mere family relationship without a testamentary gift does not create interest for this purpose.
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Yes. General competence requires only that the witness be an adult of sound mind capable of observing and later testifying about the execution. The witness's role in arranging the ceremony or status as a beneficiary does not destroy competence.
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Older law disqualified an interested witness or voided the gift to that witness. The UPC and similar statutes reject both results and allow the witness to serve without any effect on the will or its provisions.
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…v. Hillman , 625 P.2d 364, 366 (Colo.1981). The policy underlying the Dead Man’s Statute is to guard against perjury by living interested witnesses when deceased persons cannot refute the testimony, thus protecting estates against unjust claims. See Coon v. Berger , 41 Colo.App. 358, 360, 588 P.2d 386, 388 (1978), aff'd , 199 Colo.…