Who may witness will
Almost anyone can sign a will as a witness. If a witness is someone who gets something from the will, that is usually okay. But if there are not two other witnesses who get nothing from the will, the interested witness may have to give back whatever they are getting above what they would have received if there had been no will. A witness is not considered interested just because the person who died owed them money or because they are named to handle the estate.
474.330. Who may witness will — effect of interest in will. — 1. Any person competent to be a witness generally in this state may act as to a will.
2. No will is invalidated because by an ; but any interested witness shall, unless the will is also attested by two , so much of the therein made for him as exceeds in value, as of the date of the 's death, what he would have received had the testator died .
3. No attesting witness is interested by reason of being a of the or because he is named in the will or unless the will gives to him some personal and .
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1955 p. 385 § 278) (1954) Executor of will is competent as a witness to sustain will in will contest action and is not disqualified under the dead man's statute. Reidinger v. Adams (Mo.), 266 S.W.2d 610. (1954) Beneficiary under will may testify as to handwriting of deceased on letters and envelopes which are used as exhibits in will contest. Reidinger v. Adams (Mo.), 266 S.W.2d 610.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.