Witnesses Requirements

[>Charlotte<]

My father is a resident of South Carolina. He has updated his will with an estate planning software program. The instructions state the will does not necessarily have to be notarized, but it does require two witnesses. The most convenient people to use as witnesses are residents of North Carolina, not South Carolina.

Of course, a South Carolina instrument would require a South Carolina notary, but I don't think residency requirements apply to witnesses. Am I correct?

 

[seniorjudge]

My father is a resident of South Carolina. He has updated his will with an estate planning software program. The instructions state the will does not necessarily have to be notarized, but it does require two witnesses. The most convenient people to use as witnesses are residents of North Carolina, not South Carolina.

Of course, a South Carolina instrument would require a South Carolina notary, but I don't think residency requirements apply to witnesses. Am I correct?

That's the problem with this kind of software.

It is very unreliable.

If pa doesn't really care what happens when he is gone, then he should use this software.

If pa really does care what happens when he is gone, then he should use a lawyer skilled in such services.

 

[>Charlotte<]

I agree.

Do you happen to know whether the witnesses must be SC residents?

 

[BoredAtty]

Of course, a South Carolina instrument would require a South Carolina notary, but I don't think residency requirements apply to witnesses. Am I correct?

I believe you are correct. The point of having the witness is to testify later if required. Therefore, the requirements to witness a will are generally the same as to testify in court for other matters, though some states require the witness to be 18 years old.

 

[moburkes]

No, they don't, but his closest neighbors probably live in South Carolina, not North Carolina.

 

[seniorjudge]

No, they don't, but his closest neighbors probably live in South Carolina, not North Carolina.

And they should be much younger than the testator and male (so they would be easier to find since males rarely change their names upon marriage).

You still want to consider having it notarized; the GENERAL rule is that a notarized will can be independently probated (i.e., little court interference).

 

[moburkes]

But women make better witnesses. As a rule. It said it in the Bible. And, I will NEVER change my name. Moburkes it is**************..

 

[>Charlotte<]

Thanks, everyone.