How do You Formally Execute Your Living Trust
Unlike the execution of a Will, the signing of your Living Trust does not need to be witnessed. However, the document creating your Living Trust ― referred to as the trust agreement ― must be signed in the presence of a Notary Public. And if you and your spouse are having a joint Living Trust prepared, then both spouses must sign the trust agreement.
Keep in mind that even though the execution of you're living Trust does not need to be witnessed, we'll also be preparing your Pour-over Will. (To learn why, click here.) And a pour-over Will (like any other Will) must be signed in the presence of two witnesses.
Both your Living Trust and your Pour-over Will be executed during your document signing conference. Although we will have our Notary Public present for the conference, we ask that you bring your own two witnesses.
Certain legal restrictions apply to who may serve as a witness, so click here to find out who qualifies and who doesn't.