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Can parents of a benificiary be witnesses to a will.

6 replies

sneezecakesmum · 23/01/2013 10:38

Thinking of making a will and leaving everything to my 4 year old grandson with his parents as trustees. I want them to be witnesses too. I probably can't do this legally but would like to know if it is possible.

I wanted to make a simple home made will for a couple of months until I can get round to seeing a solicitor as I am very busy at the moment. I am a terrible procrastinator but feeling I need to get this done.

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mumblechum1 · 23/01/2013 11:28

It would be safer not to, OP. The reason for this is that although your child is not a direct beneficiary, if your grandson died they are his next of kin so likely to inherit, and so that gift would fail.

Most people use work colleagues or neighbours as witnesses.

I'm running a New Year Special Offer at the moment if you want to mosey over to the advert on Classified/Small Business.

mumblechum1 · 23/01/2013 12:43

Just realised you're appointing his parents as trustees. Any particular reason?

sneezecakesmum · 23/01/2013 15:37

I want to leave 25% of my small estate to my son and the remainder to my grandson. My dd and SIL are people I feel I can trust most to use the money for my grandson who is disabled in his best interest. I didn't think they could be signatories and see what you mean with the gift failing under the inheritance laws. Either way I want my DD and SIL to be the trustees. I think I can do this?

I am in Yorkshire so not sure if you can do distance wills?

Either way it will be very simple.

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DeepRedBetty · 23/01/2013 15:41

sneezecakes mumblechum did my and my partner's will, all over the phone or by email. Great service - thanks mumble.

MOSagain · 23/01/2013 16:06

I'd recommend Mumblechum as well, most wills are done by distance ie via email/phone nowadays, hardly anyone goes into an office and does it.

I'd recommend not having them as witnesses, might cause problems.

sneezecakesmum · 23/01/2013 17:29

Many thanks I will go to the ads section and get the ball rolling Smile

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