Choosing Witnesses

For a will to be legally recognized in the State of Washington, it must be:

  1. In writing,

  2. Signed by the testator (or by someone at his/her direction and in his/her presence), and witnessed by two competent people, and

  3. Those witnesses must also sign the document (or sign a self-proving affidavit that is notarized) (emphasis added).

Witnesses are key. Without witnesses to testify that you did, in fact, intend to create a will and that you are competent and not creating it under duress, the court cannot be certain that your will is your will. The standard of practice today is for witnesses to sign a notarized self-proving affidavit, which states that he or she knows that you are 18 years of age or older, competent, not under duress; that you are intending to create a will, that you asked them to be there to witness the signing, and that you did, in fact, sign the will while they watched.

While anyone can serve as a witness, some people make better witnesses than others. A good witness is:

Someone who is not named in your will or who stands to inherit if you didn’t have a will. Why? The people who stand to inherit may present a conflict of interest — especially if any of your bequests may ruffle the feathers of your family. Avoiding controversy now by selecting neutral witnesses and you may curb will contests and litigation for your family in the long run.

Someone who knows you. While it is a common practice for attorneys to enlist their administrative support or paralegals to witness a signing, strangers are rarely the best option. Remember: it is the job of a witness to testify, if needed, that you were sane and signing your will without coercion or duress. In some firms, your first time meeting a witness might be 10 minutes before you sign. Compare that to a neighbor or coworker, who has known you (albeit superficially) for years. Who is the better judge of your competency? Remember: this person doesn’t need to read the contents of the will, they only need to sign a statement at the bottom of your will that they watched while you signed the will.