California Court Decides that a Witness May Not Sign the Will After the Testator’s Death

Testator had his will notarized and after his death, the notary, who had witnessed the testator’s signature on the will, executed a proof of subscribing witness.

No other witness signed the will before the testator’s death, but the notary’s husband made a sworn statement asserting that he was present when the testator signed the will and his wife notarized it, that he saw the testator sign, and that he was ready to sign the will as a witness.

The court determined that even though the applicable statute removed the requirement that witnesses to a will sign in the testator’s presence, the statute did not authorize the witnesses to sign after the testator’s death.

In re Estate of Saueressig, 138 P.3d 201, 44 Cal. Rptr. 3d 672 (Cal. 2006).

Special thanks to Prof. William P. LaPiana for bringing this case to my attention.