Adults have the right to establish wills. They can provide instructions regarding the distribution of their property and the support of their dependents after their passing. They can choose who administers their estate.
Wills are important documents that can have profound legal and financial consequences. As such, there are regulations in place to ensure their legitimacy. Testators drafting wills generally need to ensure that their documents conform to baseline legal requirements. One of the most important requirements imposed by the state is the need for witness signatures.
How many witnesses must sign a will?
In Maryland, state law requires that a testator be an adult who is competent. They have to understand the impact their will could have on others. The same basic requirements apply to witnesses.
Under Maryland statutes, a will typically requires the signatures of two adult witnesses who are competent at the time of the document signing. They may need to attest to the identity and mental state of the testator later if there is ever any question about the legitimacy of the will.
Notarization is not a legal requirement for a valid will. Witnesses do not have any specific relationship with the testator to sign the will, but it is often beneficial to choose uninterested parties who do not stand to inherit from the estate to act as witnesses.
Having support when drafting or modifying a will can help people avoid mistakes that could undermine the legitimacy of their documents. Witness signatures are among the numerous legal requirements that determine whether the courts will eventually recognize a will as a valid testamentary instrument.