An individual’s will is likely to be the cornerstone of their estate plan. For some people, it may be the only document they draft. Sadly, some people make mistakes when creating a will that undermine its usefulness for their loved ones after they die. When a testator drafts a will, they provide guidance regarding the distribution of property and may also provide certain forms of support for their family members. A parent can name a guardian for their children while also leaving them an inheritance.
Having a will on record helps ensure that the distribution of someone’s property aligns with their wishes. People sometimes supplement their wills with numerous other documents, but many people rely on a will to handle all of their major estate planning needs. Despite how important it is for their legacy and the support of their family, they could make mistakes, like downloading a will from the internet, that leave them without protection.
For a will to be valid, it has to comply with several different state statutes. Some of the requirements include written documents and testamentary capacity on the part of the person creating the will. Someone also needs to have witnesses. The following are the requirements in Indiana for witnessing a will.
A testator needs two witnesses
The role of a witness is important for the future validation of estate planning paperwork. They can help resolve any issues related to an estate that may arise after the testator’s death. A witness can testify that the person who signed the document is the person whose name is on the paperwork. They can also help validate someone’s state of mind at the time when they drafted their documents.
Generally speaking, an individual needs two adult witnesses to attest to their signing of the document. The law in Indiana is actually more protective of testators than the law in many other states. It helps to address the risk of misconduct by including a second requirement. The witnesses must be disinterested parties, meaning that they have no personal stake in the estate. Anyone who stands to inherit from the estate cannot serve as a witness to its signing. A document witnessed by someone with an interest in the estate is likely invalid.
Testators who learn about Indiana probate laws can perform the appropriate steps to create enforceable wills. Drafting a will can give a testator peace of mind and can help to ensure that they leave a meaningful legacy when they die.