Witnesses to Will

Robin9

My MIL's existing will provides for her estate to be split 3 ways - my wife and her two brothers. If any of these predecease her - say my wife then that share passes to me.

The will is being updated - all as above plus some lump sums to good neighbours.

Can I witness the new will ?

Linton

Robin9 wrote: »

My MIL's existing will provides for her estate to be split 3 ways - my wife and her two brothers. If any of these predecease her - say my wife then that share passes to me.

The will is being updated - all as above plus some lump sums to good neighbours.

Can I witness the new will ?

A beneficiary cannot be a witness - see https://www.gov.uk/make-will/make-sure-your-will-is-legal for example.

Rubik

NO, because you are to be a beneficiary. Witnesses should be independent and not named in the Will.

Robin9

I am not named directly - only as daughter's husband

gettingtheresometime

doesn't it depend on whether the will states what , as in your example, happens should your wife predecease her mum?


In the case of my mum's will it states that should I die before her then my share is to go to my son.


In the case of my FIL's will it stated the same. However there's a property held in trust which my OH has a share of so should my OH die (as he hasn't made a will) it will come to me by default as it's under the intestacy limits.


So I guess OP the question is does the will state what is to happen if your wife predeceases her mum or do you assume that it would come to you as this would affect the answer

Yorkshireman99

Robin9 wrote: »

My MIL's existing will provides for her estate to be split 3 ways - my wife and her two brothers. If any of these predecease her - say my wife then that share passes to me.

The will is being updated - all as above plus some lump sums to good neighbours.

Can I witness the new will ?

No! It makes no difference that the witness is not directly named. This is not a DIY Will is it?

Mojisola

Robin9 wrote: »

I am not named directly - only as daughter's husband

If the spouse or civil partner of a beneficiary is a witness, the inheritance fails.

Mojisola

Robin9 wrote: »

My MIL's existing will provides for her estate to be split 3 ways - my wife and her two brothers. If any of these predecease her - say my wife then that share passes to me.

The will is being updated - all as above plus some lump sums to good neighbours.

Is she aware that the lump sums would be paid first and what's left divided between the three siblings?

If her estate is small by the time she dies, the neighbours may end up with larger inheritances than her children.

Tom99

I am not sure if this is the law or just good guidance:

'Witnesses must meet all the criteria below:

• they must be over 18;
• they cannot be an executor or beneficiary of your will;
• they cannot be related to you or to anyone mentioned in your will either by blood, marriage or civil partnership.'

https://www.rocketlawyer.co.uk/article/executing-a-will.rl

Even if you can legally be a witness it would not be advisable as you clearly would not be an independent witness.

Manxman_in_exile

Assuming this will is going to be drafted by a solicitor they will provide the witnesses.


Simples.


EDIT: Apologies if I've misunderstood, but why do you want to be a witness? The testratrix needs to get a solicitor to do it properly.

Robin9

Thank you Tom99 that is what I was expecting - deep down I thought my idea was wrong.

Manxman the new will is being prepared by a solicitor who has been to see her (MIL is bedridden and lives alone).

Mojisola - the estate (mainly her house) is quite substantial - the gifts to the neighbours is small in comparison.