Drafting a will is one of the most basic aspects of modern estate planning. People can secure peace of mind and provide support for their loved ones by establishing an estate plan, including a will, before they die.
State law imposes certain restrictions on drafting wills. An individual needs to be an adult. They need to be aware of their circumstances. The testator drafting the will needs to sign it or authorize an individual to sign on their behalf if they are physically incapable of doing so. They likely also need to have witnesses sign the will as well. Lacking witness signatures might result in the courts setting aside an estate plan at the request of beneficiaries or surviving family members.
What legal witness requirements does the state of Minnesota impose when drafting a will?
Testators need two witnesses
The minimum requirements for a will include the signatures of two witnesses. Generally speaking, those witnesses should be at least 18 years old. Additionally, the people acting as witnesses need to have testamentary capacity, meaning that they do not struggle with health issues or cognitive challenges that could prevent them from creating legal documents on their own behalf.
Unlike some jurisdictions, Minnesota does not require disinterested witnesses. The beneficiaries listed in the will and those selected to serve as personal representatives can sign as witnesses. However, having at least one disinterested witness can reduce the likelihood of others challenging the will by alleging that the witnesses exerted undue influence on the testator.
Selecting witnesses who are not beneficiaries is often the best option available for those who want to ensure that their documents hold up even under legal scrutiny. Witnesses may eventually need to testify if there is any controversy about an estate plan. They can affirm that the testator was the party who signed the document and that they were in their right mind at the time.
Partnering with an estate planning attorney when drafting a will can help people avoid scenarios in which their documents may cause legal controversy. If they don’t ensure legal compliance, their will may end up set aside by the probate courts after their passing. Witness signatures are an important component of any valid will, and proper support can help ensure the creation of an enforceable estate plan.
