Can spouse and grandson be witnesses to a will if they are not beneficiaries?

Wellie15

Hello, please can anyone help as there is conflicting advice on the internet.

My dad wants to make me sole beneficiary of his will. He has a house to leave which is solely in his name. My mum is in full agreement.

I've been running around in circles all morning on the internet trying to find out if my mum and my son (aged 18) can be witnesses to the will.

The HM Courts website seems to suggest this won't be a problem but there is a solicitors' website that says a spouse must not be a witness and it's advisable that witnesses shouldn't be family members (I know that last bit is definitely wrong).

I am aware that witnesses must NOT be MARRIED to a beneficiary, but can witnesses be mother and son to a beneficiary?

Thank you.

sagalout1954

Assume this is a DiY will (as solicitors usually just use 2 of their staff and don't charge extra for the privilege), isn't it possible for you to use a neighbour couple of Dads - they only witness him signing, they don't get to read the document. At least then you'll be SURE you've complied with the legal procedure (for signing at least).

Personally, I wouldn't use an 18 year old or your Mum, there are enough things to trip over with DiY wills without adding possible witness irregularities to the list. Our neighbour knocked one day and asked us to witness her signing her power of attorney, we were quite happy to do it. You can always buy them a bottle of plonk by way of a thank you.

Try here http://boards.thisismoney.co.uk/tim/forum.jsp?forum=90 if you don't get the definitive answer here

Farway

Just to add a bit, try & include witness [neighbours] addresses as well, just in case there is an argument later & need to trace them

wise_fool

A beneficiary or a spouse of a beneficiary must not be a witness to a will. The will would still be valid but the beneficiary would lose the gift.

Without knowing the full circumstances I do think your father should obtain professional advice on this one. Assuming the house in question is the 'family' home - leaving your mother out of the will provides her with no security and she could challenge the will when your father dies. There are also various other pitfalls which I won't go into here.

If your father is fearful that your mother may remarry after he has died then he should consider including a trust in the will that would allow your mother to occupy the property and upon her death for it to pass to you.

If the facts are different, please forgive me - but in any case I think your father should consult a competent professional to weigh up the various pros and cons and ensure that the needs of all his dependents are provided for.

missile

I agree with wise fool. I need not cost a lot, my solicitor did mine for free. Ask for a quote. I would suggest it could be money well spent and could save you a lot of agravation.

Baggysdad

To answer the original question - mum and son can be witnesses. However in doing so, neither van be a beneficiary.

Depending on the term of the Will, if anything happened to you before your dad, your son might be in line to inherit some or all of your share - but not if he has been a witness.

And finally, the idea of your dad making a Will to exclude your mum - scary.

B

Savvy_Sue

Baggysdad wrote: »

To answer the original question - mum and son can be witnesses. However in doing so, neither van be a beneficiary.

Depending on the term of the Will, if anything happened to you before your dad, your son might be in line to inherit some or all of your share - but not if he has been a witness.

And finally, the idea of your dad making a Will to exclude your mum - scary.

All very good 'what if' points, which you'd expect to have raised if you consulted a professional. Where is the OP's mum expected to live if Dad dies before her? What is she expected to live on? What if her situation has changed and whatever Dad thought appropriate doesn't 'work' any more? Any savings from not consulting a solicitor will be wiped out by any legal consultations then, PLUS when you're grieving you can't always be logical, sensible or sensitive.

seven-day-weekend

I get the impression that this is a separate house to the marital home.

Having said that, I would get totally independent witnesses.

Savvy_Sue

seven-day-weekend wrote: »

I get the impression that this is a separate house to the marital home.

Indeed, let's hope so, and that Mother also owns a house outright in her own name. Because if not the words 'sole beneficiary' sound rather alarming!

Mojisola

sagalout1954 wrote: »

Assume this is a DiY will (as solicitors usually just use 2 of their staff and don't charge extra for the privilege), isn't it possible for you to use a neighbour couple of Dads - they only witness him signing, they don't get to read the document. At least then you'll be SURE you've complied with the legal procedure (for signing at least).

This is important. Some people think that the witnesses get to read the will and so don't want people outside the family to act as witnesses. I've also heard of someone demanding to read the will before they acted as a witness to the signature!

confused_I_think

Sorry for 'interrupting' but does signing as a witness place any legal responsibilities on the person who signs?