We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Executors, witnesses and beneficiaries

Under English law, may the witnesses to a will also be the co-executors?

Under the above circumstances, may the beneficiaries be the children of the witnesses/executors?

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 22,597 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I witnessed my mothers will and was the sole executor. I could only do that as neither I or my wife was a beneficiary. This did not stop my children being beneficiaries though, so yes you can do it.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    I witnessed my mothers will and was the sole executor. I could only do that as neither I or my wife was a beneficiary. This did not stop my children being beneficiaries though, so yes you can do it.
    However, better to have completely independent witnesses so so no query can resesult. At a solicitors two staff members will usually act as witness.
  • Keep_pedalling
    Keep_pedalling Posts: 22,597 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    However, better to have completely independent witnesses so so no query can resesult. At a solicitors two staff members will usually act as witness.

    In general I would agree, my mothers estate was small, simple with most of it going to my brother, so there was never any chance of anything being challenged. Hers was a DIY job, our wills were drawn up by a solicitor and witnessed by him and another member of the firm.

    In this case I think, although I could be wrong, the OP is asking about an existing will.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    For the sake of a few quid, get independent professionals to act as witnesses.

    It will save possible additional heartache after a bereavement.
  • Dox
    Dox Posts: 3,116 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Margot123 wrote: »
    For the sake of a few quid, get independent professionals to act as witnesses.

    It will save possible additional heartache after a bereavement.

    You don't need professionals to act as witnesses - any two independent people will be perfectly acceptable.
  • Keep_pedalling
    Keep_pedalling Posts: 22,597 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Dox wrote: »
    You don't need professionals to act as witnesses - any two independent people will be perfectly acceptable.

    Although if, as you should, get the thing drawn up by a solicitor, they will get it witnessed as part of the service.

    Still no clear however if the OP is talking about their own will or an existing one where this has been done on an existing will.
  • konark
    konark Posts: 1,260 Forumite
    Under English law, may the witnesses to a will also be the co-executors? Yes

    Under the above circumstances, may the beneficiaries be the children of the witnesses/executors? Yes




    .........................
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 353.9K Banking & Borrowing
  • 254.3K Reduce Debt & Boost Income
  • 455.2K Spending & Discounts
  • 246.9K Work, Benefits & Business
  • 603.5K Mortgages, Homes & Bills
  • 178.3K Life & Family
  • 261.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.