Unless there are at least two other subscribing witnesses to the will who are disinterested witnesses, the fact that the will makes a devise to an improper subscribing witness creates a presumption that the witness procured the devise by duress, menace, fraud, or undue influence. This presumption is a presumption affecting the burden of proof.
The individuals attempting to have the improperly witnessed will admitted to probate will have to prove the following by clear and convincing evidence:
- The testator signed the will.
- The testator intended for the will to constitute his/her will.
If you suspect that the will was not properly witnessed, The Legacy Lawyers can help you. We will carefully walk with you every step of the way. You will never be left wondering what to do next. Start today by calling to schedule your no-cost consultation: (714) 963-7543. At The Legacy Lawyers we are dedicated to your peace of mind.