Witness qualification?

no1catman

Can you have anyone as a 'witness' to a will-signing? Or do they need to fit in to certain categories?

And, does anyone know why, NHS staff won't act as a witness? For example - Doctors are too busy with patients, but why not admin staff?

securityguy

"And, does anyone know why, NHS staff won't act as a witness?"

The witness to my will is, if memory serves, an NHS employee who is a doctor.

Doctors are now explicitly excluded from signing patients' passport applications, but that's a different issue.

The only requirement for witnessing a will is that you not be a beneficiary and you not be blind. I can't remember whether being over 18 is explicitly required or just sensible.

Yorkshireman99

Any adult can witness a will but if the witness is a beneficiary any bequest to them is invalid. No legal reason an NHS staff member should not do so. Probably some obscure staff rule.

Yorkshireman99

securityguy wrote: »

"And, does anyone know why, NHS staff won't act as a witness?"

The witness to my will is, if memory serves, an NHS employee who is a doctor.

Doctors are now explicitly excluded from signing patients' passport applications, but that's a different issue.

The only requirement for witnessing a will is that you not be a beneficiary and you not be blind. I can't remember whether being over 18 is explicitly required or just sensible.

Wills Act 1837 requires 2 adult witnesses.

Mojisola

Yorkshireman99 wrote: »

Probably some obscure staff rule.

A lot of care providers have this rule as well - carers aren't allowed to witness any legal document. I think it's just to prevent any future problems where family might dispute the will.

Torry_Quine

Yorkshireman99 wrote: »

Wills Act 1837 requires 2 adult witnesses.

You only need one witness in Scotland.

Jimmithecat

[QUOTE=securityguy;72613174


The only requirement for witnessing a will is that you not be a beneficiary and you not be blind. I can't remember whether being over 18 is explicitly required or just sensible.[/QUOTE]

Can I get my brothers in law to witness our wills? they are not beneficiaries but their children are (children are under 18 but do not get inheritance until 18)

Yorkshireman99

Jimmithecat wrote: »

Can I get my brothers in law to witness our wills? they are not beneficiaries but their children are (children are under 18 but do not get inheritance until 18)

I don't know but to be sure get completly independent people. Then there can be no challlenge. Don't forget the witnesses don't need to see the contents of the will just the last page where the testator signs.

SevenOfNine

They'd be witnessing a total stranger signing a document so perhaps the answer is simply that they don't want to. There were no rules about this when I worked as NHS admin support, but if asked I'd have said no just for that reason.

Though I was perfectly happy to witness my neighbour signing hers & would do so for anyone I know.

I wonder if any witness has ever been called upon to confirm that they DID witness the signing? I suppose one would have to say they did but can't confirm the identity of the person signing that name, given that they didn't know them from Adam.

Anyone know?

no1catman

SevenOfNine wrote: »

They'd be witnessing a total stranger signing a document so perhaps the answer is simply that they don't want to. There were no rules about this when I worked as NHS admin support, but if asked I'd have said no just for that reason.

Well not a 'total stranger' - I'm not referring to NHS Hospital Admin, but NHS GP Practice Admin.

SevenOfNine

no1catman wrote: »

Well not a 'total stranger' - I'm not referring to NHS Hospital Admin, but NHS GP Practice Admin.

I see, different scenario Though TBH I've done that job as well & I'd still say I'd rather not. I'm not quite sure why you think they should?
I suppose if one has no neighbours, friends, colleagues or acquaintances the solicitor who drew up the Will usually uses willing clerical staff. Unless it's a DiY of course.