Who can witness a will?

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A beneficiary cannot witness a will.

If the beneficiaries are the children -all of who are married then can the spouses witness the will or not or the children of the beneficiaries if they are over 18?

The only listed beneficiaries will be the children.
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Comments

  • Socajam
    Socajam Posts: 1,238 Forumite
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    I would not get the spouses involved in this
    Is there no one that you can count on to do the witnessing?
  • bigpappa
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    Socajam wrote: »
    I would not get the spouses involved in this
    Is there no one that you can count on to do the witnessing?

    I am a beneficiary. I can ask friends of my father or my friends?

    The witnesses have to read the will first? Or witness the signatures?
  • Flugelhorn
    Flugelhorn Posts: 5,689 Forumite
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    just witness the signatures, they both have to be there when the testattor signs and each other signs. they do not read the will.
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
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    edited 22 November 2019 at 11:44PM
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    You aren't using a solicitor then? DIY will?


    (Sorry but you sound like you don't understand what you - or your parent - are doing).
  • bigpappa
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    Flugelhorn wrote: »
    just witness the signatures, they both have to be there when the testattor signs and each other signs. they do not read the will.

    So 2 witnesses need to see my father, mother sign the will and then they countersign.
  • bigpappa
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    You aren't using a solicitor then? DIY will?


    (Sorry but you sound like you don't understand what you - or your parent - are doing).

    DIY or online using Rocketlawyer.

    The will will be straightforward mirror will. Combined estate is less than £325k. Parents been married all their lives.

    Own their own house no debts, not sure what a lawyer would add extra? Anyone advise? I would use a lawyer in a more complex case but our situation is straightforward to the best of my knowledge.
  • GrumpyDil
    GrumpyDil Posts: 1,641 Forumite
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    It is relatively straightforward but easy to make a mistake. If you really do want to do the wills yourselves why not ask a neighbour or friend who will have absolutely no interest in the Will to witness the signatures. And yes all the witnesses need to do is confirm they saw the signing. There is no need for them to read the wills.
  • Keep_pedalling
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    bigpappa wrote: »
    DIY or online using Rocketlawyer.

    The will will be straightforward mirror will. Combined estate is less than £325k. Parents been married all their lives.

    Own their own house no debts, not sure what a lawyer would add extra? Anyone advise? I would use a lawyer in a more complex case but our situation is straightforward to the best of my knowledge.

    A solicitor will go through all the what if situations with you and pick up things many people fail to think of. You say that only the children are listed as beneficiaries which suggest no thought has been given to what happens if any or all of the children die before the parents. This could lead to the grandchildren of a deceased beneficiary not receiving what would have gone to their parent, or some long lost cousin inheriting everything because you basically died intestate.

    Are they sorting lasting powers of attorney as well as sorting their wills out?
  • Sea_Shell
    Sea_Shell Posts: 9,496 Forumite
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    Surprisingly, the witnesses don't even have to know the testator!!

    You, theoretically, could drag two strangers off the street.

    All they are doing is witnessing a signature being made.

    Seems like a big loophole to me, that they don't have to know that Mr Joe Bloggs' will is actually being signed by Mr Joe Bloggs, just that is had been signed.
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.38% of current retirement "pot" (as at end April 2024)
  • Robin9
    Robin9 Posts: 12,132 Forumite
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    bigpappa wrote: »
    So 2 witnesses need to see my father, mother sign the will and then they countersign.

    This sounds as if there is only one will - combined for your mum and dad.

    It doesn't work that way - there needs to be a will for your mum and a separate one for for your dad.

    Club together as a family and give your parents the money to see a solicitor.

    On different issues - do you have LPOA or your parents; look after their gas and electric tariffs; insurances ?
    Never pay on an estimated bill
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