Question

The testator, a widower, had his attorney prepare a will according to the testator's instructions. The attorney mailed the will to the testator. The testator signed the will in the presence of his father, and asked his father to sign the will as a witness, which his father did. The testator then showed the will to his adult son, told him that the signature on the will was his, and asked his son to sign the will as a witness as well. The testator's will devised $100,000 to his adult son, with the remainder of the testator's estate passing to his other two sons in equal shares. When the testator died, the will was offered for probate. The testator was survived by the father, the adult son, and the other two sons. As witnesses, the father and the son are asked to testify to the facts concerning the execution of the will. Should the testator's will be admitted to probate?
Answers:

A. Yes, because the father and the adult son both testified to the facts concerning the execution of the will.

B. No, because the father and the adult son did not sign the will in each other's presence.

C. Yes, because the will had the necessary two witnesses.

D. No, because the father and the adult son are also beneficiaries.

Answer 1

Answer: No, because the father and the adult son did not sign the will in each other's presence

Explanation:

The testator's will should not be admitted to probate because the father and the adult son did not sign the will in each other's presence.

A will requires a writing such that the testator will sign in the joint presence of two attesting witnesses. It should also be noted that both witnesses understand the importance of that act of the testator and then sign in each other's presence.