×Signing Instructions
To ensure your Trust is valid and legally binding, follow these three essential steps:
Mental Capacity
- The Grantor (person making the trust) must:
- Be at least 18 years old.
- Be of sound mind—understanding their assets and intentions.
- Not be under duress, fraud, or coercion.
- A trust can be challenged if there is evidence of impaired judgment or external pressure.
Signatures
- The trust must be signed by the grantor.
- Most states require two adult witnesses (notary is your 2nd witness).
- 1 witness must be present at the time of signing.
- They must be disinterested parties (not beneficiaries).
- The executor does not need to sign and often cannot serve as a witness if they are a beneficiary.
Notarization (Required)
- To create a self-proving affidavit:
- The Grantor and witnesses sign in front of a notary public.
- This affidavit serves as strong evidence that the trust is valid.