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Do the Witnesses to a Will Have to Know They 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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This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.