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Jan19
Executing a Will Part II

The following is not meant to be legal advice, and may be outdated research.

 

Sometimes an attorney may be involved in executing a will. Here are some guidelines for such situations on the witnesses.

 

Before witnesses sign, make sure the witnesses are not interested beneficiary of the will.  Ask the witnesses to attest that the client has signed the will on the day that bears his/her signature, and in the witnesses’ presence.  Ask the witnesses to attest that the client has acknowledged that the instrument is his/her last will and testament.  The witnesses should attest that the client is of sound mind, over the age of 18, and has not indicated that any part of the will was procured by duress, fraud, or undue influence.  The witnesses should attest that they are signing their names as witnesses, in the presence of the client and each other.  Then, the witnesses sign their names.  They should print their names and addresses underneath their signatures.

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