Should the testator sign a will before the witnesses?
Posted on | March 7, 2010 | 1 Comment
To see a discussion of the requirements of executing a will, click here.
What happens if the witnesses sign the will before the testator? Do the witnesses have to sign the will after the testator? As long as the execution of the will is done in one transactions, it doesn’t make any difference whether the testator or the witnesses sign first.
In a court case on the issue of who signs first, a chiropractor asked her secretary to type up a will for her. Later, two other employees of the chiropractor signed the will as witnesses. The will was then taken into the chiropractor who signed it. The notary then gathered the testator and the witnesses in a room and notarized the will. These transaction all occurred before noon.
The will disinherited the chiropractor’s children. When the chiropractor died, the children contested the will. They said that the will was void because the witnesses had signed the will before the testator. The trial court agreed. However, on appeal, the appeals court reversed. The appeals court held that as long as the signing of the will was done substantially contemporaneously with the execution, it was not a problem that the witnesses signed before the testator. As long as the signatures occurred at the same time and place and formed parts of the same transaction, the will could be valid even though the witnesses signed before the testator.
Pearls of wisdom: When you execute your will, make sure that it is done properly. The best way to insure that it is executed properly is to have an attorney prepare your will and supervise its execution.
Every person’s situation is different and requires an attorney to review the situation personally with you.
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May 11th, 2010 @ 8:56 am
my father was killed when i was 17 years old and i received some money from his estate. my grandfather wrote a will after he passed away and wrote me out of receiving anything, such as a ranch of family business. being an heir am i entitled to anything under texas state law?