Orange County California

Trust Attorneys


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. Selecting someone to witness a signature is important because it helps ensure that no one can say that the document was forged if the proper people are selected. This can help provide assurance when creating an estate plan that no one can question the validity because the creator chose good witnesses. So how do you chose the right people for the job? Here are the requirements of being a witness that everyone creating a California estate plan should consider.

The following is a helpful overview about choosing a witness:

  • Witnesses must be 18 years of age or older.
  • Mental capacity to fully understand the document that is being signed and who is signing it is important.
  • They 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.
  • Witnesses must sign the document within the testator’s lifetime.

Choosing the right people to sign is very important to ensuring that the creation of your 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) 282-7488 for a consultation.

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