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.