---
title: "Record an interested witness without treating the gift as void"
url: "https://ailawframework.com/practice/wills-estates-probate-and-succession/check-whether-a-gift-to-a-witness-can-stand/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A17-SF20261022-9-US"
practice_area: "Wills, Estates, Probate & Succession"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record an interested witness without treating the gift as void

> The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.504 provides that a will is not invalid because an interested witness signed it.…

Canonical page: https://ailawframework.com/practice/wills-estates-probate-and-succession/check-whether-a-gift-to-a-witness-can-stand/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Wills, Estates, Probate & Succession](https://ailawframework.com/practice/wills-estates-probate-and-succession.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.504 provides that a will is not invalid because an interested witness signed it. From the will and the attestation, list each witness and each gift to that witness. Do not treat the gift as void. |
| What the lawyer must review | The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.504 says any person competent to be a witness may act as a witness to a will, and that a will or codicil, or any part of either, is not invalid because it is signed by an interested witness. The tool lists the witness and the gift. It does not treat the gift as void and it does not say the will is valid. A statute that limits a gift to an interested witness was not opened. |
| Written for | United States |
| Applies to | [Check whether a gift to a witness can stand](https://ailawframework.com/practice/wills-estates-probate-and-succession/check-whether-a-gift-to-a-witness-can-stand.md) |

## Checking plan

- What the AI does: The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.504 provides that a will is not invalid because an interested witness signed it. From the will and the attestation, list each witness and each gift to that witness. Do not treat the gift as void.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Wills, intestacy and probate are state law; confirm the governing state before relying on this.
- The Florida example is 2025 Florida Statutes text. The Senate site says the text is unverified. Another state's statute was not opened.
- Do not void a gift because the witness takes under the will. Competence of the witness is for the lawyer. The section does not define it.

## Sources

- [Florida Statutes section 732.504, Who may witness](https://www.flsenate.gov/Laws/Statutes/2025/732.504) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*