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Can I sign a will

8 replies

Pixiecushion · 01/02/2024 20:03

In Scotland, can I sign my mother’s will as a witness if I am going to benefit from the will (as are my two younger brothers)?
Thank you

OP posts:
YetMoreNewBeginnings · 01/02/2024 20:08

No, a witness shouldn’t be a beneficiary in the will.

nosalt · 01/02/2024 20:27

It is not prohibited (so long as you are not under 16 years old!) but it is definitely not good practice.

CharlotteStreetW1 · 04/02/2024 21:53

nosalt · 01/02/2024 20:27

It is not prohibited (so long as you are not under 16 years old!) but it is definitely not good practice.

A beneficiary definitely can't be a witness in England & Wales. Is it really different in Scotland?

aitchteeaitch · 04/02/2024 22:14

Can your mother ask a neighbour or friend? All the witness needs to do is see her sign it, and then sign it themselves. They don't need to know what's in it.

prh47bridge · 04/02/2024 23:55

CharlotteStreetW1 · 04/02/2024 21:53

A beneficiary definitely can't be a witness in England & Wales. Is it really different in Scotland?

In England & Wales, a beneficiary forfeits their right to a share of the estate if they act as a witness. My understanding is that this is not true in Scotland, but it is still inadvisable for a beneficiary to be a witness. However, I am not an expert on Scottish law.

donteatthedaisies0 · 05/02/2024 00:12

No . Someone else that is not going to benefit from the will has to sign .

nosalt · 05/02/2024 00:17

CharlotteStreetW1 · 04/02/2024 21:53

A beneficiary definitely can't be a witness in England & Wales. Is it really different in Scotland?

Yes it really is - like so much else is. But it is a practice that does allow others to suggest undue influence and it is best avoided.

Pixiecushion · 05/02/2024 07:41

Thank you for all your replies. Much appreciated. Probably best I don’t sign..

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