Tips From the Pros: Are Will Execution Formalities Outmoded?Tips From the Pros: Are Will Execution Formalities Outmoded?

The law surrounding the signing of wills is grounded in history traversing several centuries and is intricate and unique. The laws of all states, except Nevada, and the District of Columbia require a testator’s signature to be witnessed by at least two individuals who are physically present when the testator signs. The witnesses are generally required to “subscribe” (sign beneath) their names to the will in the presence of the testator. The laws of some states provide that the witnesses sign in each other’s presence as well. A few states’ laws require three witnesses. If one of the required witnesses is an interested witness, the laws of most states would prevent him from taking under the will more than what he would have received had th...