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Wills • Execution of Wills
WILLS#002
Legal Definition
An interested witness is a witness to a will who also receives a bequest from the will.
Plain English Explanation
The value of a witness is to be able to scrutinize someone's personal account of an event. If a witness has nothing to gain or lose from telling the court what they witnessed, it is more likely that they will tell the truth since they have nothing to gain from lying and a lot to lose if they lie (e.g., perjury). However, a witness who potentially benefits from the will is biased and potentially motivated to not tell the complete truth. Thus, "interested witnesses" have conflicts of interests, which can cause problems in assessing a will (which you'll learn about in other cards).
Visual Aids
Related Concepts
In California, what are the requirements for a will to be admitted to probate?
What are the requirements of a formal attested will?
What is a conditional will and when is it probated?
What is a holographic will and what are its requirements to be valid?
What is probate?
What is the consequence of having an interested witness?
What is the harmless error doctrine and what wills does it apply to?
