Q: Regarding witnesses to a Will and the self-proving affidavit, I think I understand that a person who might be inheriting

A: As a Colorado-licensed attorney, I am not licensed to practice law in Connecticut, and the following is based on a brief review of Connecticut law. Please consult a Connecticut attorney for more specific guidance.

In Connecticut, the rules governing the witnessing of a will and the execution of a self-proving affidavit are fairly strict. For a will to be valid, it must be signed by the testator in the presence of two witnesses, both of whom must be present at the same time. The witnesses must also sign the will in the presence of the testator. This means that if one of the witnesses signs later, for example, after the testator has left, the will would not be valid under Connecticut law.

Additionally, Connecticut law discourages beneficiaries from serving as witnesses. If someone who stands to inherit from the will serves as a witness, their inheritance may be void unless there are two other disinterested witnesses—people who are not beneficiaries. This rule helps avoid conflicts of interest and ensures that the will reflects the true intent of the testator.

The self-proving affidavit, which is signed at the same time as the will, makes it easier to validate the will during probate. Like the will, the affidavit must be signed by the testator and two witnesses in the presence of a notary public, with all parties present at the same time. If one of the witnesses signs the affidavit later or outside the presence of the testator and the notary, the affidavit will not be valid. However, this does not necessarily invalidate the will itself; it simply means that the will is not considered self-proved, and witnesses may be required to appear in court to validate the will during probate.