MBE Rules · Wills, Trusts & Estates

Interested Witness

Cal. Prob. Code § 6112

The rule

The signing of a will by an interested witness does not invalidate the will. However, unless there are at least two disinterested witnesses to the will, there is a rebuttable presumption that the interested witness procured the devise by duress, menace, fraud, or undue influence — limiting the devise to the interested witness's intestate share.

In plain English

A will can still be valid even if it is signed by a witness who stands to gain from it. However, if there aren't at least two witnesses who do not benefit from the will, there is a presumption that the interested witness may have influenced the testator improperly, which could limit their inheritance.

Worked example

John creates a will leaving his estate to his friend Mike, who is also a witness to the will. Since Mike is an interested witness and there is only one other disinterested witness, a presumption arises that Mike may have exerted undue influence. As a result, Mike's share may be limited to what he would inherit under intestacy laws.

Memory hook

An interested witness can sign, but watch out for the two disinterested witnesses to avoid the presumption of undue influence!

The trap

Exams may present scenarios where a single interested witness is involved, leading students to mistakenly believe the will is invalid without considering the rebuttable presumption.

How examiners test it

Questions often test the validity of a will based on the number of disinterested witnesses and may include fact patterns that hint at undue influence or duress.

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