If the person who witnessed a national lottery “Syndicate Agreement dies, do you have to make a new agreement?

A contract that was valid when made remains valid, even if the person making the contract later becomes incompetent, or the witnesses should die. However, after the person’s death, the heirs who are seeking to have the contract admitted to probate have to produce some proof that the contract was properly signed and that’s where the witnesses come in. If the witnesses are unavailable, it can lead to delays and added expense for the heirs and the executor.





To anticipate the potential problems, “self-proving affidavits” are often used. They are statements signed by each of the witnesses under penalty of perjury, generally right after the contract is executed and witnessed, that the person making the contract did, in fact, sign it, appeared to be of sound mind, and was signing the contract freely. (In some states such statements must be signed before a notary public.) Your witnesses won’t have to testify as to your contract’s validity when you die, for the affidavit speaks to the contract’s validity and serves as extra insurance that they witnessed your signature. This “Self-Proving” Affidavit also avoids problems that may arise if the witnesses cannot be located.





In the absence of both witnesses and self-proving affidavits, particularly if someone may want to contest the contract, it may be necessary to demonstrate to the judge that the signatures of the person who made the contract, and those of the witnesses, are genuine. That can increase legal expenses, require handwriting experts, and added to a family’s grief after a death.





Among the options open for someone whose witnesses have died: (1) have the person draft a new contract—even one with the exact same provisions – with new witnesses and a self-proving affidavit, or (2) have him prepare a Codicil (essentially a minor amendment) to his existing contract that states that the existing contract is still valid.