Validating a will can be a lengthy process. People often need to look at the signature and also the date when the testator drafted the document. There may sometimes be concerns about their mental capacity if they sign the document later in life.
Other times, people may worry that outside parties may have influenced the testator’s plans. Witnesses who are present for the will signing can provide insight into an individual’s state of mind. In some cases, there may be a conflict of interest, as they may also be beneficiaries of the estate. The technical term for that is an interested witness.
What rights do families have when they question the conduct or influence of an interested witness?
There may be grounds for a will contest
California state law addresses the issue of interested witnesses. The law technically permits any competent adult to serve as a witness to a will signing. Even interested witnesses can validate the authenticity of the document and the mental state of the testator when they sign.
However, the use of an interested witness can strengthen claims of undue influence. Concerned family members can ask the courts to consider the inheritance of the witness and their access to the deceased testator when they review whether that witness may have unfairly influenced the terms of the estate plan.
Particularly when a testator modified their will for the benefit of a witness or when the document contradicts their prior wishes, others with an interest in an estate may have grounds to take legal action. Initiating probate litigation can potentially help to protect the decedent’s true wishes and the inheritance rights of their chosen beneficiaries.