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Who Can be a Witness to My Will?

Generally, a witness must meet the following criteria:

  1. Legal Age – Most states require witnesses to be at least 18 years old.
  2. Competent – Witnesses must be of sound mind and capable of understanding what they are witnessing.
  3. Disinterested Party – Many states require witnesses to not be beneficiaries or have any financial interest in the will. A will may still be valid if an interested party witnesses it, but it could be challenged.
  4. Presence Requirement – Witnesses typically need to be present at the same time as the testator (person making the will) and sign in their presence. Some states also require witnesses to see each other sign.

See also the article titled "How do I Sign my Will?"

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