Can relatives witness a will? (Non beneficiaries).

AdamPD

Hi all,

I seem to be getting a bit of mixed advice on this matter, but I intend on leaving my estate to a couple of friends in the USA should I die.
For simplicity sake, I'd like to have my mother and step father witness the will signing, but some sites say it can't be family at all, whereas others say it can be, as long as they don't benefit from it.

Any advice is appreciated!

Keep_pedalling

Non beneficiary family members can witness a will but they should also not be spouses of beneficiaries. 

Assuming you are not making the mistake of doing a DIY will, why not get them witnessed at the solicitors office?

Mojisola

AdamPD said:

I intend on leaving my estate to a couple of friends in the USA should I die.

Assuming that friends would be about the same age as yourself, do you have a clause that says what happens to your estate if your friends die before you?

Marcon

Who will be the executors? 

AdamPD

Thanks all

The friends are slightly younger than I, the will is set up so 100% goes to friend A, but if friend A has passed, it goes to friend B.
I have now changed it to it's split 50/50 between the two (they are a couple) and if either dies, their 50% goes to their children (they have 2 kids).
I think that's the best way to do it?
The will has been written by Beyond or Beyond.Life who are also the executor.

Savvy_Sue

AdamPD said:

The will has been written by Beyond or Beyond.Life who are also the executor.

And not, as far as I can tell, 'proper' solicitors. They have 'legal experts' checking what you prepare online. Anyone can call themselves a legal expert: they are not, again as far as I can tell, registered with the SRA which would give you some protection. 

Given the added complication of your beneficiaries living overseas, I wouldn't take the risk. 

AdamPD

Thanks Sue, so basically skip services like this and go to a proper solicitor?

Savvy_Sue

Absolutely! 

lr1277

If the kids are under 18 when you pass, and their parents have died, there will be need to be some kind of trust set up to look after their inheritance until they are 18. Or you could see who the parents have used as trustees. Or just pass the money to the parents and agree with them their executor(s) will sort the kids out.

As suggested above, use a solicitor to draw up you will to talk through these what-if scenarios.

AdamPD

Thanks everyone, greatly appreciate the advice