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Added: 8 months ago

Can a signed Will with only one witness be valid?

My mother drafted a Will in Feb 2002 and signed it. She got permission from her proposed Estate Trustee in Sept 2002. Mom resigned her Will in the Witness Signature spot, dated it Sept 2002, and had the Estate Trustee'… (Read more)

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Samuel Michaels

Founder & Lawyer, SM Legal

In general, a court requires two witnesses signatures for a Will to be legally valid. A handwritten will with no witnesses may also be valid, this form of will is known as a "holograph will". A holograph will must be written by hand. 

In this situation, it seems that the will may not be valid. In such circumstances, you may need to apply for an order from the court to distribute the estate. 

Answered: 8 months ago