A will is, perhaps, one of the most important estate planning tools you can ever create. By creating a will, you are making clear how you would wish for your assets to be distributed when you pass on. You can also use your will to name legal guardians for your young children.
However, for a will be to valid, certain statutory requirements must be met during its creation. For instance, pretty much every state requires you to be an adult of sound mind to create a will. Additionally, your will must be duly witnessed according to the state’s laws.
So why is will witnessing important?
Having someone to witness your will creation is important should questions be raised over the validity of the document during the probate process. For instance, if one of your heirs questions certain provisions in the will, the witnesses may be called to testify in court that they were present while you were creating your will, and that you followed the law while creating and signing the document. Basically, witnesses add a layer of validity to your will. If your witnesses can attest that your intent was clear and your mental state sound when creating the will, then it can be difficult for anyone to contest the legality of your will.
Who can witness a will in Mississippi?
A will cannot be witnessed by anyone. First, the witnesses must be legal adults (at least 18 years of age). They should be of sound mind. Additionally, the witnesses to your will should be disinterested parties. Meaning, they must not be related to you either by blood or through marriage. And they must not stand to benefit from your estate in any way. As long as individuals meet these requirements, you can choose them to witness your will.
The following people can witness your will:
- Legal representatives
A will is a legal estate planning document that speaks for you when you are no longer around. Find out how you can create a valid will for your estate planning purpose.