Also known as: interested witness rules · interested witness
Written by attorneys · grounded in primary & secondary sources — see below
A rule of probate law that permits a beneficiary under a will to serve as an attesting witness without invalidating the will or the devise to that witness. The rule focuses on whether the witness is generally competent to testify rather than on the presence of a financial interest. It displaces older common-law approaches that voided or reduced gifts to interested witnesses.
Lena executed a will at her restaurant leaving a twenty percent ownership interest to her head chef Marco. Marco and the manager Jill watched Lena sign and then signed as witnesses. After Lena died her daughter Dana challenged only Marco's gift on the ground that he was an interested witness. The court upheld the will and Marco's devise because the statute provides that an interested witness's signature does not invalidate the will or any provision of it.
Carl signed a will in his farmhouse kitchen leaving his milking equipment and herd to his son Daniel. Daniel and a seasonal farmhand Rosa both signed as witnesses after watching Carl sign. Carl's other children later argued that Daniel's status as a major beneficiary made his signature improper. The court held both signatures valid because any generally competent adult may witness a will regardless of interest under the instrument.
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No. The governing statute provides that the signing of a will by an interested witness does not invalidate the will or any provision of it. The focus remains on whether the witness is generally competent to testify.
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No. Any individual who is generally competent to be a witness may act as a witness to a will. Financial interest in the will does not disqualify the witness or affect validity of the instrument or the gift.
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The gift remains valid. The statute expressly rejects the older common-law rule that would purge or reduce the interested witness's devise. As long as the witness meets the general competence standard the devise stands.
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