Do the Witnesses to a Will Have to Know They are Witnessing a Will?

Robert Ray

Do witnesses to a will have to know the are witnessing a will?Witnessing A Will

Witnesses at a will signing attest the will. Attestation means the act of witnessing the performance of the statutory requirements to a valid execution of the will. Those statutory requirements do not include publication of a will’s contents or, for that reason, that the witnesses know that they are signing a will.

Publication Of Will Contents

“Publication,” in relation to the making of wills, is the act of declaring or making known to the witnesses that the testator understands and intends the instrument signed by him to be his last will and testament. Publication of a will, or calling the attention of the witnesses to the will, by the testator, that the instrument which they are requested to attest is his will, is not a prerequisite to its legality. Publication is not required in Texas. It is not necessary for the subscribing witnesses to know the contents of the will. In fact, a will can be properly executed even if the witnesses to the will don’t know that they are witnessing a will! The witness is simply a witness to the signature of the testator. 210 S.W.3d 648.

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By Robert Ray a Board Certified attorney. The foregoing information is general in nature and does not apply to every fact situation. We handle litigation involving inheritance disputes. We don’t prepare wills. We don’t file wills for probate or distribute estates except when we are contesting a will or protecting a will from a contest. We handle a select few cases on contingency. Don’t use a comment to ask a personal question about an inheritance issue because your name and comment will be public. To ask a litigation question and to protect your privacy, click the red button to the right.

 

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Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
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