Can a beneficiary serve as a witness to the will?

What the Law Says

California law strictly limits who may serve as a witness to a will to protect against undue influence and fraud.

Under California Probate Code §6150, a will must be signed by at least two individuals who are present at the same time and who witnessed the testator signing the will (or acknowledged the signature).

Crucially, Probate Code §6151 states that if a beneficiary is one of the two required witnesses, the gift to that person is void — unless there are at least two other disinterested witnesses. This is known as the 'interested witness rule.'

However, Probate Code §6152 provides an exception: if the interested witness would have inherited a share of the estate under intestacy laws (i.e., if there were no will), they may still receive the lesser of either their intestate share or the gift under the will — but only if the will is otherwise valid and the witness’s testimony isn’t needed to prove its authenticity.

The law defines 'disinterested' as someone who is not a beneficiary and has no financial stake in the will’s terms.

Statutory Text

A will or any provision thereof is not invalid because the will is signed by an interested witness.

— Probate Code §6151(a)

Statutory Text

If a beneficiary is an attesting witness, the gift to the witness is void unless there are at least two other disinterested witnesses.

— Probate Code §6151(b)

Statutory Text

An interested witness is a person who is a beneficiary under the will.

— Probate Code §6150(c)

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