
Can a Beneficiary Be a Witness to a Will in Virginia? Explained
Family heirlooms, retirement accounts, and even the house you grew up in can pass exactly where you wish, yet only if your will meets Virginia’s technical rules. One of those rules involves having witnesses present when you sign. Choosing the wrong people can spark conflict later, while the right choice protects your plan.
At Commonwealth Life and Legacy Counsel, our team focuses on estate planning throughout Central Virginia, serving areas including Charlottesville and Powhatan. In the next few minutes, we will address a common question: Can someone who benefits under your will also serve as a witness?
Virginia Will Witness Requirements
The Code of Virginia § 64.2-403 sets out the basics. A will must be in writing, signed by you, and witnessed by two competent people who sign in your presence at the same time. A handwritten will skips the witness step but must be proved later by two disinterested individuals who can attest to your handwriting. No special phrasing or notary seal is required, yet failing to meet the statute can leave loved ones fighting in court.
Because the witness rule often trips up do-it-yourself documents, we have compiled key points into a quick reference.
Requirement | Typed Will | Handwritten Will |
Minimum number of witnesses | Two | None at signing, but two later to prove handwriting |
Witnesses present together | Yes | Not Applicable |
Disinterested witnesses needed | Recommended, not mandatory | Required when later proving handwriting |
Form of attestation clause | Not required | Not Applicable |
Interested Persons as Witnesses: Virginia’s Stance
Virginia takes a permissive position. Under Code § 64.2-405, no one is ruled out as a witness just because that person inherits under the document. In short, a beneficiary can be a valid witness. This approach differs from many states that strip a witness-beneficiary of gifts or void the will entirely. Even though the statute allows it, there are prudence reasons to choose otherwise, which we cover next.
Potential Implications of Using a Beneficiary as a Witness
When the same individual signs as a witness and later receives property, relatives who are unhappy frequently claim undue influence or fraud. Virginia courts seldom toss out a will solely for that reason, yet the claim alone drags the estate through expensive litigation. Probate judges may still call the witness-beneficiary to testify, creating an awkward display of loyalty versus self-interest.
The safest approach is to select witnesses who have no personal stake in the outcome. Doing so:
- Reduces the likelihood of a contest being influenced by pressure or manipulation.
- Makes your witnesses appear neutral if summoned later.
- Helps the clerk accept a self-proving affidavit without extra questions.
If two neutral adults are available, use them. Reserve family members named in the will for supportive roles, such as executor, rather than witnesses.
Who Should Not Be a Witness?
Although beneficiaries are technically eligible, several categories remain unsuitable. A valid witness must be “competent,” meaning capable of understanding that the document is your will and that you are signing voluntarily.
- Anyone under 18 lacks legal capacity.
- A person experiencing memory loss or significant cognitive decline can be disqualified later.
- Someone who cannot physically see or hear what is happening could fail to meet the presence requirement.
Keep in mind that a future court looks at the witness’s condition at the time of signing, not years down the road. Choosing healthy adults who live nearby avoids chasing signatures when probate opens.
Best Practices for Choosing Will Witnesses in Virginia
Finding the right pair often takes only a phone call to neighbors or trusted colleagues. Target individuals who meet the criteria outlined below.
Characteristics of a solid witness group:
- Over 18 and of sound mind.
- Not receiving gifts under the document.
- Likely to reside in the area when probate starts.
- Comfortable stating that you appeared mentally sharp.
You can add another layer of protection by signing a self-proving affidavit. While not required, this short statement, signed by you and the witnesses before a notary, enables the clerk to accept the will without requiring the witnesses to appear in court. Many countries even provide the form on request.
The Role of an Attorney in Will Preparation and Witness Selection
An estate attorney guides the entire signing ceremony, verifies identification, and securely stores the original documents. Although a lawyer may witness a will, ethical rules discourage doing so if the attorney stands to inherit anything from the will. Most firms instead supply staff members as neutral witnesses and oversee the self-proving affidavit on-site.
Working with counsel also protects against forgotten steps, such as updating beneficiary designations on life insurance or titling real estate to match your new plan. The cost is small compared with the stress and expense of a will contest.
Need Help with Estate Planning? Contact Commonwealth Life and Legacy Counsel
Questions linger after reading an article, and personal facts rarely fit neat examples. If you would like individual guidance or need a will drafted from scratch, reach out to our team. Call us in Central Virginia at 434-589-2958 or Powhatan at 804-598-1348, email us at info@winget-hernandez.com, or visit our Contact Us page. We focus on clear, practical plans that honor your wishes and bring peace to families.