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Who Should Witness Your Will?


At FreeLawyer.com, after you print off your completed free will forms, you will need to sign your will in the presence of witnesses. The majority of states require two witnesses but it may be a good precaution to have an additional witness in case one of the witness’s signatures is later decided invalid (the third witness can sign below where the other witnesses sign and designate themselves a witness by writing "witness" beside their signature and printed name).

You should select disinterested adults to witnesses your will. A disinterested witness is an individual that is not a beneficiary in your will. If one of your beneficiaries is a witness your state may limit what that beneficiary can receive under the will to the amount they would receive if you died intestate (without a will). Therefore, to ensure that your wishes are not modified you should have disinterested adult witness the execution of your will.

Finally, your disinterested witnesses must be present when you sign your will and understand that the document you are signing is your will. This can be accomplished by telling the disinterested witnesses that they are witnessing you execute your last will and testament. However, some states allow you to sign your will outside the presence of your witnesses so long as you later acknowledge that the document they are signing is your last will and testament. After, your witnesses watch you sign your will they must also sign your will.