Who can witness a will?

getmore4less

A beneficiary can witness a will they just loose their entitlement.
Spouse of beneficiary has the same effect.

http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/15

The witnesses do not need to see each other sign.

74jax

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.

So what happens if 1 dies and the other remarries? Is EVERYTHING left to the widow to do as they please? Ie not make another will and new spouce gets the lot?

What happens if both die together?

What happens if 1 dies whilst the other is in care?

No personal belongings to anyone else?

Did you sort POA at same time?

Honestly get them proper advice. If you aren't even told who can witness and would rather ask a load of unknowns on the Internet to help than the so called company who have set this up, it doesn't read well.

Dox

getmore4less wrote: »

The witnesses do not need to see each other sign.

But they both need to be there at the same time to see the testator sign, so it would be pretty illogical for them not to then see each other signing.

getmore4less

Dox wrote: »

But they both need to be there at the same time to see the testator sign, so it would be pretty illogical for them not to then see each other signing.

The witness do not need to sign at the time the testator signs.

Mojisola

getmore4less wrote: »

The witness do not need to sign at the time the testator signs.

It would be daft if they didn't - they both need to see the testator sign it so both of them have to be in the room at the same time and the testator has to see the two witnesses sign the will.

Manxman_in_exile

Keep_pedalling wrote: »

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?

OP - does the will make provision for your four-year-old son (the one who inexplicably "forgot" to take his passport with him) in case you die before your parents? Sorry - but I posted on that thread and your name rang a bell.


As others say, safer to go to a solicitor so nothing is forgotten or overlooked...

pattycake

When we made our wills at a local solicitors’ office, two members of the staff witnessed our signatures. They didn’t know us personally, only as clients.

Silvertabby

pattycake wrote: »

When we made our wills at a local solicitors’ office, two members of the staff witnessed our signatures. They didn’t know us personally, only as clients.

Ditto.......

Brilley

OK, I understand that witnesses cannot be beneficiaries, but does this mean that a will could still be "legal" if it is witnessed/signed by a relative that is not a beneficiary?

Mojisola

Brilley wrote: »

OK, I understand that witnesses cannot be beneficiaries, but does this mean that a will could still be "legal" if it is witnessed/signed by a relative that is not a beneficiary?

As long as the testator is seen to sign the will and both the witnesses sign it (whoever they are), the will is legal.

If beneficiaries or the spouses of beneficiaries sign as witnesses, they cannot have their inheritance.

You can use other relatives but the advice is that it's best to use independent people as witnesses - using family members could raise the issue that you were coerced into signing the will and this could delay the probate process.