Who can witness a will.

ANGLICANPAT

I appreciate that normally it is wise to get two completely 'away from the situation'people to witness to a will.
Having said that , would this circumstance be legal please if there are any legal eagles reading.

Husband and wife have been asked to be joint executors to a persons DIY will. (An extremely simple one. Two small bequests and remainder to charity. ) The will owner wants to leave their (the executors) grandchildren a small bequest .(nothing to the executors themselves)
These children have their fathers surname , so different to the executors.Are the husband and wife allowed legally to witness if absolutely necessary?

Mojisola

Is this a home-made will?

I would make the effort to get different witnesses. The witnesses don't get to read the will, just witness the signature so there's no problem about privacy (which worries some people).

Having a will with the two executors also being witnesses and their grandchildren benefiting isn't ideal. It's legal but could open the door for the will to be challenged because of undue influence by the executors.

ANGLICANPAT

Thanks Mojisola. .I will do my best to avoid the situation, just needed to know if it was legal if push came to shove.

Mojisola

ANGLICANPAT wrote: »

Thanks Mojisola. .I will do my best to avoid the situation, just needed to know if it was legal if push came to shove.

It's completely legal.

If a witness or the spouse/civil partner of a witness is left an inheritance, that inheritance would fail but there's no problem with other relatives of the witnesses.

ANGLICANPAT

I did read several sites which appeared to be saying the same, but its always worth while double checking ones understanding as I haven't a huge amount of experience in this area . Many thanks. .