Am I am able to have one of my executors (and spouse) witness my will

[WhenDoISleep]

I would appreciate some advice from the wise legal egales of MN.

DH and I recently have made wills through a will writing service. DH has sorted his witnesses etc., but I am struggling to think of who to ask as I don't have any friends and I don't feel I can ask any aquaintances (sp?).

We have decided on three executors A, B and C. B is a potential beneficiary, A and C aren't. Am I able to ask A (and spouse) to be my witnesses? And does it make any difference that A is a close relation?

The only other thing I can think of is to contact some local solicitors to see if they can provide witnesses for a fee - is this something they would even do?

[MOSagain]

My probate knowledge is a bit rusty but am pretty sure that A and C would be ok. Am sure the rules are just that there must be two witnesses who must not be beneficiaries (or the spouse of a beneficiary) so am sure that using them but NOT B would be ok.

[MOSagain]

[virgiltracey]

Also have rusty probate knowledge but do know that a beneficiary cannot be a witness.

[OliviaTwist]

A beneficiary should not witness, similarly a potential beneficiary.

You can ask anyone to witness the will, they don't have to see the contents.

I would not ask A if they are a potential beneficiary if the will was invalid - ie would benefit from intestacy rules.

[IDontDoIroning]

Agree that a witness cannot be a beneficiary. I think that a beneficiary can be an executor though.

[MOSagain]

Yes, of course beneficiarys can be executors, just not sure if executors can witness. Am getting now with all the A B C stuff. I think A can do it as not a potential beneficiary.
mumblechum where are you? I won't sleep tonight now with the wondering

[OliviaTwist]

Yes an executor can witness. Promise.

I hope your will writer is qualified. They really should be able to advise you on this......

[nocake]

Simple... a witness cannot benefit from a will and neither can their married partner. That's the only restriction.

[MOSagain]

[SierraMadre]

Executor yes, beneficiary no. Can't a neighbour witness for you?

[mumblechum1]

I missed this - too busy writing wills .

Just to confirm what you've been told, that so long as the executors can't inherit, even in a roundabout way, then they can act as witnesses.

Most people ask work colleagues or neighbours ime.

[OliviaTwist]

mumblechum, do you mean witnesses where you said executors? Executors certainly can inherit....

[MOSagain]

No, the question was (I think) can executors witness the will? The answer is, yes they can, if they are NOT also beneficiaries. If they do witness (correct me if I'm wrong) then the will will be valid but their gift will not.

[MOSagain]

So I concur with Mumblechum in a very long winded way

[WhoIsThatMaskedWoman]

I think mumblechum means that these particular executors can witness if and only if they are not in the list of beneficiaries for this particular will.

[OliviaTwist]

Ah ok, re-read!

[GreatBallsOfFluff]

I really would just knock on your neighbours' door and ask them to be witnesses. Not refuting what anyone says but you don't want to risk making the Will invalid if A is also spouse and there may be the smallest slimmest chance of him inheriting anything under your Will

[mumblechum1]

Yes, I meant those particular executors.

Sorry if not clear.
Hello MOS, how's your ds enjoying Uni so far?

[MOSagain]

Hello Mumbles. Has it been a long day? Have a
DS loving it so far although he was not overjoyed about having to go to a (rather dull) workshop on constitutional law today How are things with you?

[mumblechum1]

Everything's fine chez Mumbles, but working far too hard in the day job. Can't wait to give up family and do Wills full time - it's virtually stress free!

[MOSagain]

LOL, thats because your client's aren't constantly whinging about their other half! Am just thinking of branching out and setting up a business as a process server/private investigator. Much more child friendly.

[mumblechum1]

Oh, excellent! You can wear a trenchcoat and smoke cigarillos!