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Wills • Execution of Wills
WILLS#003
Legal Definition
If there is an interested witness, then there is a presumption of undue influence as to the gift given to the witness. This presumption can be overcome where there are at least two other disinterested witnesses.
If the presumption is not rebutted, the interested witness receives only an amount that would not otherwise exceed their *intestate share*.
Note that being named the executor, guardian, or trustee does not render one an interested witness.
If the presumption is not rebutted, the interested witness receives only an amount that would not otherwise exceed their *intestate share*.
Note that being named the executor, guardian, or trustee does not render one an interested witness.
Plain English Explanation
If one of the witnesses to a will is a beneficiary of that will, then the court will assume some sort of shenanigans happened unless there are at least two additional witnesses who are not beneficiaries of the will. If there are not two disinterested witnesses, then the benefitting witness will only receive an amount of the will that doesn't exceed their intestate share.
We'll cover intestacy in other cards, but put simply: "intestacy" laws are the default rules courts follow when someone dies without a will (or, at least, without a valid will).
We'll cover intestacy in other cards, but put simply: "intestacy" laws are the default rules courts follow when someone dies without a will (or, at least, without a valid will).
Hypothetical
Hypo 1: Bob lives in the state of Hypofornia. Bob writes a will and has Sam and Amy witness his signing. They understand it is his will. Amy is excited because Bob is leaving her 100% of his estate. Amy is Bob's half-sister. Under the intestacy laws of Hypofornia, half-sisters are entitled to 5% of a dead relative's estate. Result: Because Amy is an interested witness, and because there were not 2 disinterested witnesses who also signed the will, Amy's share of Bob's estate will be reduced from 100% to 5%.
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 an interested witness?
What is probate?
What is the harmless error doctrine and what wills does it apply to?
