Witnesses play an important role in estate planning. They help protect against fraud by verifying the identity of the testator. They also reduce the likelihood of future will contests by providing insight into the testator’s mental state when they signed the document. If there is litigation after the testator dies, witnesses can testify to help resolve the dispute about the will.
Oklahoma state statutes require that testators signing wills have two witnesses who validate their identity and sign the will. Witnesses must either be present when the testator signs the will or hear them affirm that the document is their official will. Ensuring that those witnesses meet the legal requirements outlined in the law is important for the long-term validity of a will.
What does the law require?
Only adults who are 18 or older can typically witness a will signing. Additionally, they need to be competent at the time that they act as a witness.
While the law does not explicitly require that the witnesses are disinterested parties, using disinterested witnesses is often beneficial. An interested witness is someone named as a beneficiary of an estate, and anyone who will not inherit is a disinterested party. Although using an interested witness does not automatically invalidate a will, it may increase the likelihood of disputes related to claims of undue influence by the witness who is also a beneficiary.
Choosing the right witnesses and ensuring that a will fully complies with all state requirements is important for those trying to establish a meaningful legacy. The guidance of an Oklahoma estate planning attorney can help testators to better ensure that their wills are valid.