The Signing Ceremony

Once your Will is complete to your satisfaction, we will hold a signing ceremony in the office.  You will come in with your two disinterested witnesses.  Texas law requires that a will be “attested by two or more credible witnesses who are at least 14 years of age and who subscribe their names to the will in their own handwriting in the testator’s presence.”  Any person including a relative, who is not named in your Will can sign as a disinterested witness.  We will go through all your estate planning documents in order, observing the proper formalities, and ensuring that the execution is done correctly.  

We do it this way for several reasons.  First, signing the estate planning documents is a significant act and should not be done carelessly.  Second, the documents are complicated, and it’s easy to overlook a step that renders the documents useless or at least more difficult to use.  Third, by your signatures, you and your witnesses are swearing to certain facts, and you should be aware of them at the time you sign.  Finally, some of the documents will be submitted to a court of law at one time or another, and their authenticity should be unquestionable.

We expect you to provide the two disinterested witnesses who will sign the documents with you for good reasons.  First, the witness must swear that the testator is of sound mind.  Such an oath is meaningless coming from a random stranger.  Second, it is sometimes necessary to call a witness to court to testify to the authenticity of the Will.  It will be easier to find your witnesses—and easier to persuade them to help— if they are family friends. Third, asking strangers to fulfill such a role is a small imposition, with potential to become a large imposition.

This is an occasion when you can honor family friends by including them in this important milestone.  The ceremony itself is informative and enjoyable, and often the testator takes his witnesses out to lunch or dinner afterward.