While an individual can write his or her own will, it’s far too easy for mistakes to be made that could lead to loved ones paying the price after you have passed away. While we personally suggest that an individual retain a knowledgeable attorney to prepare their will so that the will is drafted and executed properly, please know that regardless of who drafts the will, there are formalities that need to be met when the will is put into place (in legalese – “executed”). In most states, a will must be in writing, signed by you, and must be witnessed by two individuals before a notary public.
The person signing a will should have disinterested witnesses to watch the signing of the will. A disinterested witness to your will is an individual who does not receive anything under the will.
It is not a good idea to use someone as a witness who will be receiving something within your will as this amplifies the potential claim that you were under undue influence of such a person when you signed your will (in order words — they made you do it).
Remember that after you pass away, you won’t be around to argue that you were not under undue influence. For these reasons, it is far better to use a disinterested party as a witness to the signing of the will so that you can minimize the possibility that someone will argue this, which will then lead to a potentially lengthy and painful estate litigation (e.g. a will contest) in the future.
Bear in mind that simply because a witness to the will is interested does not necessarily mean that the entire will is rendered invalid. However, it does raise the chances of a will contest that could draw things out for your loved ones.
For more information on selecting a witness for your will, speak to your estate planning lawyer, or better yet, have your estate planning lawyer prepare your will and help you with the signing of your will.
