When creating an estate plan in Anaheim, a witness is required during the execution of certain documents for many reasons. Witnesses help to ensure that the person signing the document is in fact the person that they are claiming to be. Witnesses also help to verify that this person actually created the document. What are the requirements of being a witness? The following is a helpful overview:
- A witness must be 18 years of age or older.
- A witness must have the mental capacity to fully understand the document that is being signed and who is signing it.
- A witness must have the physical capacity to witness the signature.
- A witness must not stand to benefit under the documents. For example, if a spouse is in a position to receive his wife’s entire estate under a will, the spouse cannot serve as one of the witnesses to the document.
- The witness must sign the document within the testator’s lifetime.
Choosing the right person to act as a witness is very important to ensuring that the creation of your Anaheim estate plan is effective. Fortunately, an experienced attorney can help to ensure that you execute your documents while complying with all of the necessary requirements. For more information about having someone witness the signing of your estate documents, contact the Law Office of James F. Roberts & Associates, APC, today. Call our office of experienced Anaheim living trust attorneys at (714) 459-5481 for a consultation.