Is a Will legal if the only 2 witness signatures are the people named in the Will?
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Is a Will legal if the only 2 witness signatures are the people named in the Will?
Can the person named as “Power of Attorney” be a witness if named in the Will?
Asked on March 6, 2015 under Estate Planning, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You need to have two disinterested witnesses sign the Will. If the beneficiaries are witnesses, this raises the issue of undue influence which may result in a future challenge of the Will's validity. A person who has power of attorney has a conflict of interest and is not a disinterested witness signing the Will. Again, this raises the issue of undue influence exerted on the testator (person whose Will this is).
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