Who can witness a Will
2010 August 27
User Question: Hi just recieved email about our wills. When we get them can our neighbours sign them as wittnesses? That is father and son with the same surname.
glossLegal Answer: It is perfectly OK for the neighbours with the same surnames to act as the witnesses, as long as they are over 18 years of age.
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What happens if your witnesses die before you?
It does not invalidate a Will if the Witnesses die before you. As long as the Witnesses were present, adult, and had full mental capacity when they ‘witnessed’ the Will, then their subsequent death is immaterial to the legal effect of the Will.
The Witnesses must be over 18 years old and not beneficiaries, spouses/civil partners of beneficiaries or members of your own family. They must also have full mental capacity and should not be under any influence e.g. too much intoxication or coercion at the time of witnessing.
please could you advice , my elderly mom is dieing of lung cancer
and we did a homemade will a while ago befor she was too ill.
we now notice she has written extra on the will .
im asuming this will now be invalid?
she has no money of any great value or any property to sell…
could you advice me what would be the next step to make sure her wishes are granted.
To make sure your mother is absolutely covered, we would definitely suggest making a new Will. Editing an existing Will can dangerous.
We hope this helps.
Can a ‘wills adviser’ who drew up a will, witness that will? What would happen if he stands to benefit from the will, for example in the paid administration of a Trust Fund for 125 years?
The answer is yes. There is no conflict and the Wills adviser can witness a Will BUT only as long as he is not a potential beneficiary.
A potential beneficiary can also include a professional executor/trustee who wants to charge for the probate or trust administration as that is a ‘benefit’ to them [as profit/income] like a beneficiary of the estate and it is not allowed by law.
Therefore, in your question, the Wills adviser who witnesses cannot act in the paid administration of a Trust Fund.
Where there is a law firm [solicitors partnership] employees of the partnership can witness but not the partners as they own the firm and will receive the ‘benefit’.
Always better to have completely independent witnesses.