ABA Family Legal Guide

Estate Planning

Wills

Does it matter who my witnesses are?

Yes. The witnesses should have no potential conflict of interest—that is, they should not be people who receive gifts under the will or who might benefit from your death. Thus, in some states, a will is invalid if witnessed by a beneficiary. In other states, a beneficiary can serve as a witness but, in doing so, might lose whatever property or interest is left to him or her in your will.