What the rule says
Vermont is one of the few US states that requires three witnesses for valid will execution. Most states require two witnesses. Under Vt. Stat. Ann. tit. 14, § 5, a valid Vermont will must satisfy:
1. A writing. 2. The testator's signature. 3. Three competent witnesses. Three witnesses must sign the will in the testator's presence.
Why three witnesses
Vermont's three-witness requirement is a vestige of older common-law will execution traditions. Most states reduced the requirement to two witnesses through statutory updates over the 19th and 20th centuries. Vermont retained the three-witness rule.
Other states with three-witness rules
Vermont is among a small group of states with three-witness requirements. The other state with three-witness execution is Louisiana for ordinary form testaments, but Louisiana's framework is fundamentally different (civil-law tradition).
Holographic wills not recognized
Vermont does not recognize holographic wills (handwritten unwitnessed wills) for ordinary residents.
Self-proving affidavits
Vermont recognizes self-proving affidavits.
What this means in practice
The three-witness requirement creates specific compliance issues:
- Out-of-state wills. A two-witness will validly executed in another state may need to be re-executed when the testator becomes a Vermont resident. Vermont applies its three-witness rule to wills executed in Vermont. - Saving statute. Vermont's saving statute may recognize wills validly executed under the law of the state where executed, providing some cross-state validation. - Increased risk of execution defects. With three witnesses required, more potential for missing or improperly identified witnesses.
What you can do about it
For a Vermont will execution:
- Have the testator and at least three competent witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses. - Don't rely on handwritten unwitnessed documents. - For out-of-state wills: Consider re-executing under Vermont law if domicile changes.
Who this affects most
Vermont's three-witness requirement is most consequential for:
- Anyone executing a will in Vermont - Out-of-state residents who relocated to Vermont with two-witness wills - Estate planners advising Vermont clients about cross-state execution issues
Vermont's three-witness rule is genuinely distinctive nationally and warrants specific attention in Vermont estate planning.