my husband had a will witnessed by 2 people but not exactly at the same time, they were 5 mins. from one another...one left the other came. the will is being contested and the one witness will testify that he was the only witness there at the time. is this acceptable at all..ever? thank you
2 Answers from Attorneys
In the O'Neal case (53 Md. App. at 606, 455 A.2d at 67), the court held there is requirement for the witnesses to witness at the same time. The witnesses do not have to observe the testator (the person making the will) sign, but they must be "appraised by the testator's verbal declaration or conduct or by the instrument itself that this is the act of the testator."
Correction - there is NO requirement for the witnesses to witness at the same time.