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Do I need witnesses if my will is prepared by a lawyer

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skang

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YOUR STATE NAME - California

Do I still need two or three witnesses to sign the document if my will is prepared by a lawyer?
 


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Senior Member
skang said:
YOUR STATE NAME - California

Do I still need two or three witnesses to sign the document if my will is prepared by a lawyer?
My response:

Unless your will is completely written in your own handwriting, and signed and dated in your own handwriting, then a typewritten will needs two subscribing witnesses for a will to be valid (Ca Probate § 6110), unless one of the witnesses is also named in the will as an interested person, and then you'll need at least one other witness; i.e., unless the will is subscribed by at least two other disinterested witnesses, there is a rebuttable presumption affecting the burden of proof that the "interested witness" procured his or her devise by duress, menace, fraud or undue influence . . . except that this presumption does not apply to witnesses given a devise "solely in a fiduciary capacity" (e.g., as trustee). [Ca Probate § 6112(c)]

IAAL
 
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