What is the purpose of a witnesses to a will and how are they checked?

[BecomeStronger]

We made wills this summer and they were witnessed by a couple who live locally.

Unless we end up with a complicated family situation, I imagine they'll stay as they are (very straightforward) until we die, which could be several decades. (Fingers crossed!)

This is hypothetical because our will really is very straightforward and there's no reason anyone would contest it but what happens in the future is there is a problem but the witnesses can't be found? Would they even remember doing it anyway, or they could predecease us.

On that basis how would anyone know if we'd just made some names up?

My understanding of it is that they are witnessing the signing of the will. They are witness to the signature itself.

They state their name and address. There could be contacted or traced should the need arise.

All they would be able to state is that x was the person who signed, in their presence, the will.

You are supposed to update it, if the chances of them being able to remember or be alive is questionable.

I know of someone who forged the witnesses signature , unbeknown to anyone. All came to light after she died , handwriting experts were brought in and the will was deemed null and void .

@GreenPlum

My understanding of it is that they are witnessing the signing of the will. They are witness to the signature itself.

They state their name and address. There could be contacted or traced should the need arise.

All they would be able to state is that x was the person who signed, in their presence, the will.

Yes that's my understanding too but it must be common that they're no longer at the address by the time the will comes into action?

@GreenPlum

You are supposed to update it, if the chances of them being able to remember or be alive is questionable.

Are you? That's not the advice we had. If no changes, the will can stay as it is forever. It obviously needs updating if the executors might be unable to act but not for witnesses?

@pumpkinpie01

I know of someone who forged the witnesses signature , unbeknown to anyone. All came to light after she died , handwriting experts were brought in and the will was deemed null and void .

Yes I can see how it would be an issue if it could be proven the named witness didn't sign, but what if the witness can't be found or never existed?

See pic

They will be called to court to give evidence of whether there were a gun to the heat of a signatory or the signatory had lost their marbles at the time or the signatory never signed. That is why you need 2 witnesses present who do not benefit from the will.

If they cannot be traced later then that could cause a problem if there is a dispute over the validity of the will. If they add full names, occupation and address that is often enough to track most people down even 20 y ears later.

it only becomes an issue if there is a dispute. I did mine about 10 yrs ago, and am about to redo it - mainly because the person who agreed to be executor is not someone I see much these days, still a friend but more distant, and my DC are young adults, one of them can now take it on.

I\d say don't worry about it - but revisit in 10yrs or so and see if you want to make any changes, or when something changes in the family .