Will: Can the guardian for my children act as my witness?

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pringle12345

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We are planning to execute my will later this week. Can the guardian for my children act as our witnesses?

Are they considered beneficiaries?

In Virginia.

Thanks!
 
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We are planning to execute my will later this week. Can the guardian for my children act as our witnesses?

Are they considered beneficiaries?

In Virginia.

Thanks!

More than likely, yes, they can be witnesses.

You can discuss this with a VA attorney, or just select other, unconnected people to be witnesses.
 
In Virginia, the signing of a will must generally be witnessed by two competent persons, who also must sign the will in front of the testator. (An exception to the witness requirement is made if the testator writes out the entire will in his or her own handwriting and signs and dates it.)

Va. § 64.2-405. Interested persons as competent witnesses.

No person is incompetent to testify for or against a will solely by reason of any interest he possesses in the will or the estate of the testator.

(Code 1950, §§ 64-53, 64-54; 1962, c. 338; 1968, c. 656, § 64.1-51; 2012, c. 614.)
 
In Virginia, the signing of a will must generally be witnessed by two competent persons, who also must sign the will in front of the testator. (An exception to the witness requirement is made if the testator writes out the entire will in his or her own handwriting and signs and dates it.)

Va. § 64.2-405. Interested persons as competent witnesses.

No person is incompetent to testify for or against a will solely by reason of any interest he possesses in the will or the estate of the testator.

(Code 1950, §§ 64-53, 64-54; 1962, c. 338; 1968, c. 656, § 64.1-51; 2012, c. 614.)

If you're NOT a licensed attorney, admitted to a state bar, I suggest you refrain from dispensing legal advice. Personally, I don't care. But, you could inadvertently find trouble for yourself, or this wonderful site.

Even as a licensed attorney, in several jurisdictions, I offer very general, nonspecific information. For example, posting a link is often sufficient for posters to get the idea and do their own research.

Sent from my iPad3 using Tapatalk HD
 
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The interested persons as competent witnesses that I posted is an actual *statute/law* in the state of Va.

The other info is in a law book that I have & here is also a link to the Va. Bar Assoc. that also has the info -
http://www.vsb.org/site/publications/wills-in-virginia

I would think all information is correct. (in my opinion) This forum's disclaimer also notes: The content contained on this legal website is for informational purposes only. It should not be considered legal advice from a licensed professional. It is available AS IS and subject to our legal disclaimer and terms of use. Using this website does not create an attorney-client relationship. Always consult with a lawyer before making any legal decision.
 
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