Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
My father died last year and his will had been prepared by a lawyer with 2 witnesses. My sister and I had some probate issues, and we never thought that, possibly, the will was no good.
We assumed since a lawyer wrote it, it was good.
However, today when I went to the office for the cemetery, the director mentioned that they needed a copy of my father's latest will, since he had paid for spaces for all 4 of us. He mentioned that everyone needs a will, soon or now, and not later. Then he said, make sure you have 3 witnesses, "because my brother's will only had 2 witnesses and it was a mess."
So, how many witnesses are needed?
If you can not trust a lawyer to write a will and they use two witnesses, the consumer can not have confidence in what is being said or done.
Anyone had an issue with a will because, of the number of witnesses to the signing?
Witnesses: At least two witnesses must sign a North Carolina last will and testament either after witnessing the testator sign the will, or the testator's acknowledge of the signature.
The witnesses must sign in the presence of the testator but need not to be in the presence of each other.
Easy to GOOG the specifics in your state, but I'm w/TT, above: 2 witnesses.
GL, mD
everyone is correct: How many witnesses are required? In all states, two (2) witnesses are required for a valid last will. If your last will is notarized, the notary does NOT count as one of the witnesses. Last Will and Testament Drafting
and choosing a particular state you get each state law: South Carolina Last Will and Testament--Law Summary / Links
[SIZE=2]SECTION 62-2-502. Execution. Except as provided for writings within Section 62-2-512 and wills within Section 62-2-505, every will, shall be in writing signed by the testator or in the testator's name by some other person in the testator's presence and by his direction, and shall be signed by
.............at least
two persons each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will.[/SIZE]
I do not know the circumstances of the cemetery managers's brother's will. It may have been a case, where one of the two witnesses did not fully meet the state definition of who can be a witness and someone said, in passing, "you needed 3 witnesses" (that way they would have had two good ones, and not one good one and one borderline)
The law varies by state. You also want to make sure it is a self proving will if your state permits. Also make sure the attorney who draws up the will does not make himself the attorney for the estate.
Then he said, make sure you have 3 witnesses, "because my brother's will only had 2 witnesses and it was a mess."
If his brother's will was "a mess" (meaning it was written or formatted poorly), it would have been a mess no matter how many witnesses signed it.
edit to add: what I'm trying to say is that it's the will itself, and not the number of witnesses, that can cause trouble.
The only way the witnesses can confuse matters is if one or the other is mentioned in the will, ie has a participatory interest, or is underage, or otherwise legally ineligible.
The two witnesses that had signed my mother's will both pre-deceased her. That didn't cause any problems when we executed her will.
Last edited by biscuitmom; 10-02-2010 at 05:09 PM..
Don't scrimp on a Will. Its all you have to get from a life time of saving by the deceased. Hire a good lawyer and pay the money. Your children and those who you give your estate to will be happy.
Furthermore, by them a copy of THE EXECUTOR'S HANDBOOK and include it with the Will. Give your people an exact description of all your assets and where they are and how to get at them. Give them a desciption of what to do exactly to settle your estate, or hire an estate lawyer to guide you through the steps.
Having done this for my aunt when i got 80% of her estate, I know what an incredible pain it can be if you don't have a step by step set of instructions----BEYOND THE WILL ITSELF.
Z
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
You only need 2 witnesses for a will.
Witnesses
