Which statement best describes the Conscious Presence Test for will execution?

• A. The testator must be aware of the signing by witnesses through sight, hearing, or general consciousness.
• B. The witnesses must physically touch the testator.
• C. The testator must sign twice.
• D. The witnesses must sign before a notary.

Answer: (A)

The Conscious Presence Test asks whether the testator was aware that the witnesses were signing the will. The best choice says the testator must know that signing is occurring, and that awareness can come through sight, hearing, or general consciousness. In other words, you don’t have to see every signature clearly or hold a moment-by-moment view; being conscious that the signing is happening satisfies the requirement.

The other statements don’t fit this standard. Physical touching by witnesses isn’t required for this test, so that’s not a factor. Requiring the testator to sign twice isn’t part of the presence rule, and having witnesses sign before a notary isn’t what the Conscious Presence Test mandates either.