Executors, witnesses and beneficiaries

Options
anythingulike
anythingulike Posts: 3 Newbie
in Deaths, funerals & probate
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: 16,633 Forumite
    First Anniversary First Post Name Dropper Photogenic
    Options
    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
    Options
    Keep_pedalling wrote: »
    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: 16,633 Forumite
    First Anniversary First Post Name Dropper Photogenic
    Options
    Yorkshireman99 wrote: »
    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
    Options
    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
    First Anniversary Name Dropper First Post
    Options
    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: 16,633 Forumite
    First Anniversary First Post Name Dropper Photogenic
    Options
    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
    Options
    anythingulike wrote: »
    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

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards