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Simple English definitions for legal terms
presence-of-the-testator rule
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A quick definition of presence-of-the-testator rule:
The presence-of-the-testator rule is a principle that says the person making a will must see or sense that the witnesses are signing the will. Some places are not strict about this rule, and some places have gotten rid of it altogether.
A more thorough explanation:
The presence-of-the-testator rule is a principle that states that a person making a will (testator) must be aware that witnesses are signing the will. This awareness can be through sight or any other sense.
For example, if a testator is blind, they may be aware of the witnesses signing the will through touch or sound. However, if the testator is not aware of the witnesses signing the will, the will may be considered invalid.
Many jurisdictions interpret this requirement liberally, meaning that they may allow for alternative ways for the testator to be aware of the witnesses signing the will. However, the Uniform Probate Code has dispensed with this requirement altogether.
Overall, the presence-of-the-testator rule is an important principle in ensuring that a will is valid and that the testator is aware of the contents of their will.