The similarity between the person you choose as your executor of your Last Will and Testament and the person you ask to witness the signing of the document is that they may be trustworthy. So, especially if you like to keep your circle small, you may want to ask the same person to carry out both responsibilities. However, this may cause unnecessary drama for your estate plan when it comes time for its administration. That said, please continue reading to learn the potential issues that may arise if your executor also serves as your witness and how an experienced Putnam County wills attorney at the Law Office of Andres D. Gil, PLLC can help you appropriately assign these roles.

Who can potentially serve as the witness to my will signing?

Per New York State law, you must have at least two witnesses present at the signing of your Last Will and Testament document. These two individuals must be 18 years of age or older and deemed competent and credible. And so, you must sign the document in the presence of these two individuals, or at least acknowledge to them that the signature on the document is yours. From here, they must sign the bottom of the document and include their residential addresses. They must do so within 30 days of when you provided your signature.

Of course, you may consider two individuals in your life who you believe to be the most reliable and dependable to step in as your witnesses. However, you may have already designated these individuals as your will’s beneficiaries. And so, it may be in your best interest to hire a professional witness, like a paralegal or notary, to serve as a neutral third party in this position. Or, a friend, neighbor, or coworker whom you are familiar enough with to ask for this favor but not close enough to have included in your estate plan.

What issues may arise if my executor also serves as my witness?

The same way you would not want your witness to double as your beneficiary, your executor should not also be your witness. In fact, this may go directly against New York State statute, which holds that your witnesses must be disinterested parties who will not financially gain from the outcome of your Last Will and Testament document. So, even if your executor is not one of your designated beneficiaries, they may benefit from your estate’s proper administration in some way.

All to say, if you name the same person to serve as your executor and witness, the following issues may arise:

  • Your beneficiaries may claim a conflict of interest in that your executor can no longer act in the estate’s best interest.
  • Your beneficiaries may claim your executor placed undue influence on you when drafting and signing the will document.
  • Your beneficiaries may claim your executor is acting partially when asked to testify on the validity of the will document in court.

Before you find yourself in an even worse position, you must retain legal representation from the Law Office of Andres D. Gil, PLLC. A skilled estate planning attorney in Putnam County, from our law firm, will guide you on what to do.