Will - beneficiary and being a witness

[Twine88]

MIL passed away a few years back, at the time me and OH were not married and FIL asked me to witness his new will - I was not happy about it, as I felt it was a conflict of interest (OH and I were living together and had our first child already) but, he ignored that request, said it was fine because I was not individually named in the will - so I witnessed. Now years later, I came across something that has said that a witness cannot benefit from a will - (I am not mentioned in the will - which is fine), but it also says that a spouse of a witness cannot benefit - OH is now my DH, we got married about 4 years after I witnessed the will.

So, my question is - does my witnessing the will throw up issues for DH inheriting because we are now married?

FIL is alive and well and will hopefully be with us for many years, but just wondering if this will cause problems.

UK legal sites online say that there must be two witnesses present who must be over 18 years old. For the Will to be valid, these two witnesses must not be potential beneficiaries of the Will, spouses of beneficiaries, or members of your own family.

Yes, I came across that online at one site - then another that just said being a spouse of a witness simply "complicated things" .

There was second witness - not related to the family in any way.

I guess DH will have to speak to his dad - he may well of had a new Will since - but he usually sends that info to his sons because they are executors.

Although its not idea I don't think its anything to worry about unless you think there is a family member who would want to contest the validity of the will?

No, all siblings have a good relationship, so would hope no-one would contest. Probably best its discussed now though.

I think that your having subsequently married your DH is OK - it's your status at the date of the will that's relevant.

You weren’t married when you witnessed the will should be ok.

Fyi If a beneficiary or their spouse witnesses a will the will is valid but the witness loses any benefit they should have had under the will. Far better to ask the neighbours

If fil is well I would reexecute the will with unrelated witnesses then there is no ambiguity

Thankyou, sounds like it might just be complicated as we were not married when I signed.

DH is away atm, but is aware of the potential issues - so will see if he has made a decision on speaking to his dad when he returns.