Will Signer/Beneficiary?

allenlondon | 08:55 Fri 30th Apr 2021 | Law

32 Answers

Our wills total about £300K. Can a minor beneficiary (£10K) be a signatory to our signatures?

A

Letters Of Administration

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Jackdaw33

A fat, big NO _ fatal.

allenlondon

Question Author

Thanks jackdaw.

woofgang

to add to Jackdaw's clear answer....because I have seen it elsewhere.....its a no even if the witness is unaware that they are a beneficiary.

Jackdaw33

It is drummed into law students at an early age that any bequest to a witness will fail. Anyone can be a witness provided he does not benefit from the will. An executor can be a beneficiary but he must not witness the signatures.

THECORBYLOON

The above advice does not apply to Scots law by the way.

Buenchico

Just to back everyone else up (as I used to draft wills for a living):

If a person who is named as a beneficiary acts as a witness to the testator's signature, the will as a whole remains valid EXCEPT for that the clause which he was to gain benefit from. The £10k (in this case) would then be regarded as a 'partial intestacy', with it being distributed as if you'd only left the £10k and didn't leave a will.

allenlondon

Question Author

Try this then. We leave instructions (JUST letters) to our two Executors to give a person (x) £5k, and trust they will.

Can ‘x’ witness our signatures?

barry1010

How will the executors account for the missing 5K?

barry1010

allen, the simple solution is to give your non-beneficiary the money now.

Jackdaw33

It's just a letter, you don't need a witness. Why can't you find other witnesses? They can be anybody; they don't have to see the contents, just your signature.

Jackdaw33

You would have to gift the £5000 to the executor in the hope that he will pass it on. You seem to want to make complicated something which is very simple.

Barmaid

Jackdaw is right. Why over complicate matters? Can you not just get someone else to witness it?

Writing a letter will not work, unless as has already been alluded to, you leave £5k to your executors on trust to distribute in the way you have already communicated to them (effectively a form of trust). But this is just making things more difficult.

Peter Pedant

o god dont do letters - from practical experience - it is just a signal for beneficiaries who have 'lost' to scrap with beneficiaries who have 'won'

do a will as the lady ( Hi Barmaid and thanks!) states
Do as Missy say, boy!

Canary42

"Just a letter", signature unwitnessed, to the Executor has no legal binding and relies on the goodwill of the Executor. This is fine if they're trustworthy - only you can judge that. [or you could threaten to come back to haunt them if they default].

P.S. And what if they pre-decease you ? https://www.simpsonmillar.co.uk/media/what-happens-to-probate-if-an-executor-of-the-will-dies/?gclid=Cj0KCQjw1a6EBhC0ARIsAOiTkrGSf2JyR5IVsqvMR9zKWACwCF4PUjrIN2MHR6uHuhGlNCKGSDhRXvsaAtQdEALw_wcB&gclsrc=aw.ds

Barmaid

Not only that Canary, "just a letter" without further direction in the Will is meaningless. The executor could not make the payment unless the residuary beneficiaries agreed.

allenlondon

Question Author

How long is a cheque valid for?