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Can A Benificary In A Will Be A Signed Witness

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picker | 20:30 Thu 31st Oct 2024 | Law
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Can a benificary in a will be a signed witness

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I've an idea that the answer is 'NO'. None of our witnesses were beneficiaries in any way.

Executors are different.

No, no-one who is a beneficiary can be a winess.

If an inteneded beneficiary witnesses a will (or if their wife or civil partner does so), the will remains valid except for that part of it which grants the gift to the beneficiary.  (i.e. a 'partial intestacy' is created).

thanks chris

what about an executor? if he has no beneficial interest in the will 

Not that I am planning this

An executor can be a witnesd

Executors frequently act as witnesses.  It's common practice and presents no difficulties whatsoever.

It does not follow that a partial intestacy is created. The legacy or devise to the attesting witness fails, but what then happens to that bequest depends on what type of bequest it is and the terms of the rest of the Will.

thank you barmaid

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