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

seven-day-weekend

confused_I_think wrote: »

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

No, I don't think so. The witness does not need to know the contents of the document. It has been known in days when many were illiterate for the witnesses to sign just by marking a X for their name.

It is solely to say that you have seen the person sign, and that they are the person whose signature it is, afaik.

Savvy_Sue

It's possible that if there was a later question mark over whether or not the testator (person making the will) was of sound mind ie knew what they were doing at the time of signing, then the witnesses could be asked in what capacity they knew that person, and whether in general they seemed to have all their marbles at that time. They could also be asked whether they saw the testator sign the will, because if they didn't, it's invalid.

I'm thinking of a situation where Cousin John turns up out of the blue, realises Aunty Joan doesn't know which way is up, gets a new will drawn up and asks Fred and Frank from next door in to witness her signing it. When Aunty Joan dies, Cousin Jane thinks "Hang on a tick, Aunty Joan couldn't have understood what she was signing, and Fred and Frank from next door KNEW that because they were forever phoning me to say she was dancing naked on the lawn."

It's the kind of situation you really don't want to get into, however. Isn't it?

wise_fool

The witnesses need not know the contents of the will, nor are they responsible to vouch whether the testator was mentally capable of making a will. Ideally the witnesses should be over 18 and know the testator.

If the probate registry have any doubts over the signing of the will, they may contact the witnesses to ask them a) did you know the testator b) did he/she sign it in your presence and the presence of the other witness (ie at the same time) and c) did both witnesses sign in the presence of the testator.

It is not uncommon for a secretive testator to completely falsify the details of the witnesses on a DIY will, for the will to be forged after death, or most likely, the testator gets the will witnessed by one person and then takes it to work the next day to get his second witness to sign it - in which case the will becomes invalid. Technically if the testator leaves the room while a witness is signing the will it could also be deemed invalid.

If you are in the position of being a witness it would be sensible to ask the testator if they have read the will and understand it. If there are any question marks over whether the testator was of unsound mind it is up to those seeking to challenge the will that that was the case - an innocent witness won't be held accountable unless it can be shown they were acting dishonestly.

Errata

Re the unsound mind bit. I don't think a witness's view on this would hold water as they are not qualified to make that clinical judgement and it is not part of the role as witness to do so.
I agree with Wise Fool - dirty work at the crossroads is a different matter.

Savvy_Sue

I'm not suggesting the witnesses would be responsible for whether or not the testator WAS of sound mind, just that it's a question which I think could be asked.