A self-proving will is a type of will that includes a notarized statement affirming that the testator (the person making the will) signed the document in the presence of witnesses. This process simplifies the probate process by eliminating the need for witnesses to testify about the will’s validity after the testator’s death. Below are three practical examples of witness signatures in a self-proving will, demonstrating various contexts and scenarios.
In many cases, a testator may choose to have family members act as witnesses. This example illustrates a scenario where a son witnesses his father’s will.
In this context, a father decides to draft his will on a Saturday afternoon in his home. He calls his son, Mark, to be a witness, along with his neighbor, Mrs. Jenkins, to ensure there are two witnesses present.
Example of Witness Signatures:
Testator Signature: John Smith
Witness 1 Signature: Mark Smith
Witness 2 Signature: Mrs. Jenkins
Notes: It’s important to note that some jurisdictions may have rules against family members serving as witnesses to ensure impartiality. Always check local laws before proceeding.
In this scenario, a testator opts for professional witnesses to ensure impartiality and legal compliance. This is particularly useful for individuals who may not have close family or friends available.
The testator, Sarah, chooses to write her will at a law office. She asks two paralegals, Tom and Lisa, who work at the firm, to serve as witnesses. This approach not only guarantees that the signatures are valid but also provides a level of professionalism to the process.
Example of Witness Signatures:
Testator Signature: Sarah Johnson
Witness 1 Signature: Tom Adams
Witness 2 Signature: Lisa Brown
Notes: Utilizing professional witnesses can add an extra layer of credibility, especially in complex estates. This is often used in high-value estates or contentious situations.
Recent changes in laws have allowed for remote witnessing, especially in light of the COVID-19 pandemic. This example shows how a testator can have their will witnessed through video conferencing.
In this case, David records a video call with two friends, Emily and Josh, during which he signs his will. Both friends can see him sign the document and provide their signatures digitally, adhering to the new regulations for remote witnessing.
Example of Witness Signatures:
Testator Signature: David Lee
Witness 1 Signature: Emily White (via video call)
Witness 2 Signature: Josh Green (via video call)
Notes: Remote witnessing is subject to specific state regulations, so it’s crucial to verify the laws in your jurisdiction. Ensure that the technology used for this process is reliable to avoid any issues regarding the authenticity of the signatures.