Why Do Some Documents Need Witnesses?
Updated: Sep 6
Understanding the Role of Witnesses in Document Signing
You have your document. You have your identification. You scheduled a Notary Public.
Then you notice something in the signing instructions:
“Two witnesses required.”
Wait... witnesses too?
This is a common question, especially with estate planning documents, healthcare directives, and other important legal documents. And it leads to another question I hear frequently:
Why does a document need witnesses if it is already being notarized?
The answer is that a witness and a Notary Public do not necessarily perform the same function.
Let’s take a closer look at why witnesses are sometimes required, what they actually do, and why it is important to check the requirements before your signing appointment.
What Does a Witness Actually Do?
In its simplest form, a witness observes another person sign a document and then signs the document as evidence that the signing occurred.
Depending on the document and the law governing it, a witness's signature may help establish that:
The signer signed or acknowledged the document;
The signing occurred in the witness's presence;
The signer appeared to be acting voluntarily; or
Other execution requirements specified by the document or applicable law were followed.
But there is an important distinction:
A witness is not automatically responsible for verifying your identity.
That is one reason a witness should not be confused with a Notary Public.
For example, when a New Jersey Notary performs the specific notarial act of witnessing or attesting a signature, New Jersey law requires the notarial officer to determine the identity of the person appearing and signing through personal knowledge or satisfactory evidence of identity.
You can learn more about New Jersey notarial acts in the New Jersey Notary Public Manual.
Why Would I Need a Witness AND a Notary?
This is where document signings can become confusing.
A document witness and a Notary Public may be performing two separate functions.
A witness generally observes the execution of the document and signs in the designated witness area.
A Notary Public performs a specific notarial act and completes the corresponding notarial certificate.
For example, depending on the notarial act, the Notary may be required to verify the signer's identity, administer an oath or affirmation, take an acknowledgment, or witness or attest a signature.
So, if your document contains spaces for two witnesses and a notarization, you should not assume that the notarization replaces the witnesses.
Likewise, you should not assume that witnesses are required simply because a document is being notarized.
The document's requirements need to be reviewed individually.
Why Do Some Documents Require Witnesses?
1. To Provide Evidence of How the Document Was Signed
A witness can provide independent evidence that a signing actually occurred.
If the validity of a document is questioned later, an individual who witnessed its execution may be able to provide information about what occurred at the signing.
This can be particularly important for documents intended to remain effective for many years.
2. To Help Protect Against Fraud or Improper Execution
The presence of witnesses creates an additional safeguard in the signing process.
A witness's signature creates another piece of evidence connecting the signer to the execution of the document. Depending on the circumstances, this can become important if someone later alleges that a signature was forged or that the document was not executed properly.
3. Because the Law Requires It
For some documents, witnesses are part of the legal execution requirements.
A New Jersey Will Is a Good Example
Under New Jersey's general requirements for a witnessed will, the will must be in writing and signed by the testator, or signed on the testator's behalf under the circumstances permitted by law.
It must also be signed by at least two individuals, each of whom signs within a reasonable time after witnessing either the signing of the will or the testator's acknowledgment of the signature or the will.
You can read the actual statute here:
New Jersey law contains additional rules and exceptions concerning wills, so someone with questions about preparing or legally executing a will should consult a New Jersey attorney.
4. To Provide Independent Evidence if the Document Is Challenged
A witness may become important long after the signing appointment is over.
Consider a will that is offered for probate years after it was signed.
New Jersey law specifically addresses proof of a will during probate. Depending on how the will was originally executed, proof from an attesting witness or another person with knowledge of its execution may become relevant.
That helps illustrate why witnesses are more than additional signatures on a page.
Do All Important Documents Require Witnesses?
No.
This is one of the most important things to understand.
A document being important does not automatically mean that it requires witnesses. Likewise, a document requiring notarization does not automatically mean that it requires witnesses.
Requirements can vary based on:
The type of document;
The state whose law governs the document;
The transaction involved;
The language contained in the document;
The institution receiving the document; and
Instructions provided by an attorney, title company, lender, healthcare provider, government agency, or other issuing party.
That is why I recommend reviewing the signature, witness, and notarial sections before your appointment whenever possible.
What Types of Documents May Involve Witnesses?
Last Wills and Testaments
As discussed above, New Jersey law generally provides for two witnesses when executing a witnessed will. There are special statutory provisions and exceptions, so the exact requirements should be determined from the document and applicable law.
Advance Directives
Here's an interesting example of why you should never assume every document follows the same rules.
According to the New Jersey Department of Health, a New Jersey advance directive can be signed and dated in front of two adult witnesses, who also sign and date it.
Alternatively, the individual can choose to have the advance directive notarized, in which case additional witnesses are not required.
The Department of Health also states that a person appointed as the healthcare representative cannot serve as a witness to that advance directive.
This is a perfect example of why the answer to “Do I need witnesses?” is often:
It depends on the document.
Powers of Attorney
You may see powers of attorney that contain witness signature lines, notarial certificates, or both.
However, you should not assume that every Power of Attorney requires the same number of witnesses simply because another POA you signed did.
Different powers of attorney can have different execution requirements depending on their purpose, governing law, and the instructions of the attorney or institution that prepared or will receive the document.
If you are unsure what your Power of Attorney requires, the attorney who prepared the document or the organization requesting it should clarify the execution requirements.
Real Estate Documents and Deeds
Real estate documents are another area where it is important not to generalize.
New Jersey law provides procedures for the acknowledgment or proof of deeds and other instruments. A subscribing witness can be involved in proving an instrument, but that does not mean every New Jersey deed automatically requires a separate document witness.
For real estate transactions, follow the signing instructions provided by the attorney, title company, lender, or other party handling the transaction.
Who Can Be a Witness?
There is no single witness rule that applies to every document.
Depending on the document, there may be requirements concerning:
Minimum age;
Competency;
Whether the witness is related to the signer;
Whether the witness is named in the document;
Whether the witness may benefit from the transaction; or
Whether a particular person is specifically prohibited from witnessing.
For that reason, I generally recommend using competent, disinterested adult witnesses whenever the document permits it.
Most importantly, check the document's instructions before choosing your witnesses.
If an attorney prepared the document, questions about who is legally qualified to serve as a witness should be directed to that attorney.
Can My Notary Be One of My Witnesses?
Sometimes, but don't assume so.
Whether a Notary Public can also serve as a document witness can depend on the type of document, the applicable law, the notarial act being performed, conflicts of interest, and the document's specific instructions.
There is also an important terminology issue.
New Jersey recognizes “witnessing or attesting a signature” as a notarial act. That is different from simply acting as one of the witnesses required by the underlying document.
The New Jersey Notary Public Manual includes the state's short-form notarial certificate for witnessing or attesting a signature.
If your document requires both witnesses and notarization, let your Notary know before the appointment so the requirements can be reviewed.
What Should I Do If My Document Requires Witnesses?
Before your appointment, look through the signature pages and signing instructions.
Ask yourself:
☐ How many people will be signing?
☐ Does the document contain witness signature lines?
☐ How many witnesses does it call for?
☐ Are there instructions explaining who may or may not serve as a witness?
☐ Does the document also require notarization?
☐ Am I expected to provide the witnesses?
☐ Will everyone who needs to sign be available at the same time?
☐ Does the attorney or organization that prepared the document have specific signing instructions?
Finding these things out beforehand can prevent delays, rescheduling, or discovering at the appointment that an additional person is needed.
“But My Document Has a Witness Line. Doesn't That Mean I Need One?”
Not necessarily.
A blank line labeled “Witness” certainly deserves attention, but a Notary Public should not make a legal determination about whether your document requires a witness simply by looking at a signature line.
If the requirements are unclear, contact the person or organization that prepared or issued the document.
For a legal document prepared by an attorney, the attorney should provide the legal signing instructions.
Witness vs. Notary: What's the Difference?
Document Witness | Notary Public |
Observes the signing or acknowledgment as required by the document | Performs an authorized notarial act |
Signs as a witness | Completes and signs a notarial certificate |
Role depends on the particular document | Must comply with state notary law |
May be subject to eligibility restrictions | Must identify the signer as required for the applicable notarial act |
Does not automatically perform a notarization | Does not automatically replace required document witnesses |
They may participate in the same signing, but they are not interchangeable roles.
Before You Schedule Your Notary Appointment...
If your document requires witnesses, tell your Notary before the appointment.
At Complete Notary Services, I encourage clients to send their documents securely for review before we meet. This allows me to identify the notarizations requested and point out visible witness signature areas so you have an opportunity to confirm the signing requirements with the appropriate party before your appointment.
If witnesses are required and you are unable to provide them, witness assistance may be available for an additional fee with advance notice.
Need a Mobile Notary in Central New Jersey?
Complete Notary Services provides convenient, in-person mobile Notary services throughout Central New Jersey.
Whether we are meeting at your home, office, hospital, assisted-living facility, nursing home, coffee shop, or another convenient location, I'll meet you there.
Have a document that requires witnesses and notarization?
Contact Complete Notary Services before your appointment so we can make sure the logistics of your signing are properly coordinated.
Important Disclaimer
Complete Notary Services is not a law firm. I am not an attorney licensed to practice law and may not provide legal advice about immigration or any other legal matter, or accept fees for legal advice, select legal documents for you, draft legal documents, or advise you regarding the legal effect of a document.
This article is provided for general educational and informational purposes only and is not intended as legal advice. Federal and state laws, institutional policies, and individual circumstances vary and may change.
If you have questions about which documents are appropriate, how they should be prepared, or whether documents will be valid or recognized in another state, consult a qualified attorney licensed in the appropriate jurisdiction.
Contact me for an appointment.
Danielle J. Varughese
Mobile Notary Public | Apostille Facilitator | Document Translation Coordinator
+1 609.525.4424
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