Witnesses, Advantages
Although Pennsylvania Wills are not
required to have any
subscribing witnesses,
there are certain advantages to using
witnesses that must be considered.
When there are subscribing witnesses it is presumed that the
testator was of "sound mind"
at the time of execution and anyone
who contests that will has the burden of proving otherwise. Without
subscribing witnesses, the
proponent of a contested will
has the burden of proving the existence of sound mind.
Also, all Wills offered for probate
must be proven, which requires two people to sign an
affidavit for the
Register of Wills stating
that the signature on the will belongs to the testator. Having subscribing
witnesses does not remove this requirement, but provides two people who may
be looked to first to prove the will.
See: Self-Proving Affidavit;
Wills Without Witnesses;
will Contests, Generally
