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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
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Experience:  Estate Law Expert
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There was a will signed by two witnesses. One of the witnesses

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There was a will signed by two witnesses. One of the witnesses that signed the will did not do so in the presence of the maker of the will (now deceased). If this could be proved, would the will be considered invalid.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Did they actually witness the will being signed and then sign their signature later or did they not see the testator sign the will?

Customer:

Hi JD, My suspicion is that the will was taken to the home of the witness to sign and the testator was not present.

JD 1992 :

That wouldn't make the will automatically invalid but it would prevent it from being "self proving" so it would require proof that the testator signed the will, understood what he was signing, etc.

JD 1992 :

So it doesn't make it automatically invalid but it prevents it from automatically being valid.

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