When creating a Will, you’ll need to make a considerable number of tough decisions. After all, this process requires you to carefully consider who you would like to inherit your property after your passing and the person you will name to oversee the distribution of your assets. However, just because you’ve finished creating your Will with the assistance of a Medina County, Ohio Will preparation lawyer does not mean it’s finished – you’ll need to sign it with witnesses present! One assumption many make is that they can have anyone serve as a witness. While this is technically true, there may be certain individuals who should refrain from serving in this capacity. The following blog explores what you should know about this process and why you may want to rethink having your Executor witness your Will.
What Does It Mean to Witness a Will?
When creating a Will, it’s important to understand that simply writing one and signing it is not enough to have it deemed legally binding. In order for a Will to be considered valid, you must have witnesses present when you sign.
The primary purpose of having witnesses present for the signing of your Will is so that the court can verify the document after your passing. When you pass, the person appointed as your Executor will file the document with the probate court in your county. The court will then review the Will, and in order to validate it, may need the witnesses present at the time of signing to appear in court. They can then validate that you were the person who signed your document of your own volition, meaning you were not under duress at the time. Additionally, they can attest to the fact that you were of sound mind when signing. Once proven, the Executor of your estate may begin distributing assets and repaying creditors.
Can My Executor Be One of the Witnesses?
Generally, the only guidelines for someone to serve as a witness to the signing of your Will are that they are a legal adult, of sound mind, and typically a disinterested party. This means they do not serve to benefit from your Will, such as inheriting assets. In Ohio, you need two witnesses for your Will to be deemed valid.
While you may trust the individual you have appointed to serve as the Executor of your estate, it’s generally in your best interest to avoid having them witness your Will, as it could later be deemed a conflict of interest.
As you can see, there are several incredibly complicated matters that you must consider when planning your estate. Because this process can be overwhelming, it’s in your best interest to discuss your circumstances with an experienced attorney at Krause Law. Our firm will do everything possible to assist you in these matters. Contact us today to learn more.
