Can the main beneficiary be a witness to a will?

MrsJam

I'm just asking because the main beneficiary, (it turns out) who is also the executor of the will has been refusing to show us a copy for three years now.

We get to see a copy today and executor inherits most of the estate.

Does everything sound above board?

We're in England by the way.

Thanks

Torry_Quine

An executor can inherit but a witness can't.

MrsJam

Torry_Quine wrote: »

An executor can inherit but a witness can't.

Thanks for the reply,

Sorry, my mistake, she hasn't signed the will as witness.

TBagpuss

In that case, she is fine. It's actually very common for someone to be both executor and beneficiary.

As executor, they still have a duty to follow the terms of the will but there would only be a (potential) issue of she were to take steps which benefited her at the expense of other beneficiaries

securityguy

TBagpuss wrote: »

In that case, she is fine. It's actually very common for someone to be both executor and beneficiary.

In fact, I would place a bet that, taking executors to include people administering intestate estates, it's the most common situation. Parents die, children are executors and residual beneficiaries. What's more common?

And it's usually considered good form to leave a token for the executors even if they aren't residual beneficiaries.

Owain_Moneysaver

And it's a positive incentive to get things done and not run up costs, especially if the executor's bequest is a proportion of what's left after costs rather than a fixed amount.

Malthusian

Owain_Moneysaver wrote: »

And it's a positive incentive to get things done and not run up costs, especially if the executor's bequest is a proportion of what's left after costs rather than a fixed amount.

Although it's only acceptable for amateurs to receive such an incentive; if a solicitor is appointed executor for a percentage of the estate, it's considered a rip-off. Correctly.

The usual thought process is that you choose your beneficiaries and pick one or more of them to be executor, not pick an executor and then bung them something in the Will for their trouble.

Keep_pedalling

I am both executor and witness on my mother's will, but it's ok because I am not a beneficiary.