Who should be witness to my last will and testament

[squirtsoda]

So I've got my legal documents, they need to be signed, and I don't really have anyone outside of my family to witness. And trust me they will know what's going on if they even hear me utter the words last will and testament. And it needs to be notarized, which I can figure out. But then, there's the part about my internment wishes (it has "I'm sorry I had to do this, I had no other choice"). It also has "my services are to be absolutely atheist, I want everyone to know how much I hate religion and what it has done to this world." Let's just say I was in a "mood" when I was typing this into LegalZoom. and it had the specific gos coordinates where I want a portion of my ashes to be spread. I feel like I can't ask my work friends. Any other friends I have will know what I'm really doing. Ideas?

 

[mesohappy]

You don't have a neighbor that doesn't talk to your family/know your situation? That way you could call out a travelling notary to come to the house and have the neighbor there at the same time.I witnessed for my old neighbor and that's what he did.

 

[autumnal]

Don't know the specifics of your country, but you could probably hire a lawyer solely for that brief period of time. If money isn't a major concern.

 

[Roger]

If in UK you need two witnesses.
Witnesses can not be beneficiaries of the will.

 

[squirtsoda]

If in UK you need two witnesses.
Witnesses can not be beneficiaries of the will.

Same here at least in the state of Illinois is what it looks like in the document I got.

 

[Quarky00]

Any witness will do (with the exceptions Roger mentioned) . This could be a stranger . Since you are hiring a layer anyway (must be notarized) ask them for witness .

I researched this for myself . You have witnesses , beneficiaries , executors (3 separate entities) .

Executors need to be present and sign . You cannot give someone "a job" without their consent ;) I could not use friends as they would be aware of my ctb and stop me and/or refuse to carry wishes (too much hassle and work). I figured the lawyer should be the executor . The executor is entitled to compensation for their services .

This varies according to local law but I believe this is the usual/common practice in such cases , when one does not want friends/family to see the will before dying. I'm not a lawyer this is my understanding .

 

[squirtsoda]

Any witness will do (with the exceptions Roger mentioned) . This could be a stranger . Since you are hiring a layer anyway (must be notarized) ask them for witness .

I researched this for myself . You have witnesses , beneficiaries , executors (3 separate entities) .

Executors need to be present and sign . You cannot give someone "a job" without their consent ;) I could not use friends as they would be aware of my ctb and stop me and/or refuse to carry wishes (too much hassle and work). I figured the lawyer should be the executor . The executor is entitled to compensation for their services .

This varies according to local law but I believe this is the usual/common practice in such cases , when one does not want friends/family to see the will before dying. I'm not a lawyer this is my understanding .

We don't need lawyers to notarize in the US, just notary publics which are available for free in most banks. I might just be able to get some bank tellers to witness I guess. Although I wish I could temporarily redact my internment section.

 

[HopeDiesLast]

Any witness will do (with the exceptions Roger mentioned) . This could be a stranger . Since you are hiring a layer anyway (must be notarized) ask them for witness .

I researched this for myself . You have witnesses , beneficiaries , executors (3 separate entities) .

Executors need to be present and sign . You cannot give someone "a job" without their consent ;) I could not use friends as they would be aware of my ctb and stop me and/or refuse to carry wishes (too much hassle and work). I figured the lawyer should be the executor . The executor is entitled to compensation for their services .

This varies according to local law but I believe this is the usual/common practice in such cases , when one does not want friends/family to see the will before dying. I'm not a lawyer this is my understanding .

This does indeed vary between jurisdictions.

In my state, the executor does not have to sign the will. They may not even be aware that they were named executor until after you've passed. If they do not wish to act as executor, they can file a renunciation with the probate court. If you named an alternative executor in your will, then that person will step in. If none of your choices are able or willing to act as executor, then the court will appoint an executor to handle your estate.

As far as notarizing and witnessing your will, most banks offer notary services. Staff can function as your witnesses. Heck, you could even ask another bank customer to be a witness. If an attorney functions as a notary, then often times a paralegal, receptionist or other staff member will act as witness.

ETA: Neither the notary nor the witnesses have to actually read your will. They are just notarizing/witnessing that it is your legit signature (i.e. you have to ID yourself).

 

[Quarky00]

Law varies a lot and def more strict here , "public" notary faraway and costs fees (damn) , and executors can easily refuse where I'm at .

An executor can just say "no" to lawyer- court just rubber stamps . One can also ignore it lol ... who's gonna sue?:) Courts are overwhelmed. Too busy issuing useless orders, so the role of executor is automatically assigned to a random lawyer from the state's list of private licensed executors.

That's why it has become a practice here for executors to sign and agree , and a lawyer has become a must , sadly

 

[squirtsoda]

Executor does not need to sign in Illinois, just two witnesses