Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • anythingulike
    • By anythingulike 5th Aug 18, 11:19 PM
    • 3Posts
    • 0Thanks
    anythingulike
    Executors, witnesses and beneficiaries
    • #1
    • 5th Aug 18, 11:19 PM
    Executors, witnesses and beneficiaries 5th Aug 18 at 11:19 PM
    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?
Page 1
    • Keep pedalling
    • By Keep pedalling 6th Aug 18, 1:02 AM
    • 5,693 Posts
    • 6,492 Thanks
    Keep pedalling
    • #2
    • 6th Aug 18, 1:02 AM
    • #2
    • 6th Aug 18, 1:02 AM
    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
    • By Yorkshireman99 6th Aug 18, 4:10 AM
    • 4,802 Posts
    • 4,022 Thanks
    Yorkshireman99
    • #3
    • 6th Aug 18, 4:10 AM
    • #3
    • 6th Aug 18, 4:10 AM
    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.
    Originally posted by Keep pedalling
    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
    • By Keep pedalling 6th Aug 18, 8:27 AM
    • 5,693 Posts
    • 6,492 Thanks
    Keep pedalling
    • #4
    • 6th Aug 18, 8:27 AM
    • #4
    • 6th Aug 18, 8:27 AM
    However, better to have completely independent witnesses so so no query can resesult. At a solicitors two staff members will usually act as witness.
    Originally posted by Yorkshireman99
    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
    • By Margot123 6th Aug 18, 8:40 AM
    • 1,089 Posts
    • 1,123 Thanks
    Margot123
    • #5
    • 6th Aug 18, 8:40 AM
    • #5
    • 6th Aug 18, 8:40 AM
    For the sake of a few quid, get independent professionals to act as witnesses.

    It will save possible additional heartache after a bereavement.
    • Dox
    • By Dox 6th Aug 18, 4:50 PM
    • 1,034 Posts
    • 806 Thanks
    Dox
    • #6
    • 6th Aug 18, 4:50 PM
    • #6
    • 6th Aug 18, 4:50 PM
    For the sake of a few quid, get independent professionals to act as witnesses.

    It will save possible additional heartache after a bereavement.
    Originally posted by Margot123
    You don't need professionals to act as witnesses - any two independent people will be perfectly acceptable.
    • Keep pedalling
    • By Keep pedalling 6th Aug 18, 9:32 PM
    • 5,693 Posts
    • 6,492 Thanks
    Keep pedalling
    • #7
    • 6th Aug 18, 9:32 PM
    • #7
    • 6th Aug 18, 9:32 PM
    You don't need professionals to act as witnesses - any two independent people will be perfectly acceptable.
    Originally posted by Dox
    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
    • By konark 7th Aug 18, 2:28 AM
    • 1,114 Posts
    • 840 Thanks
    konark
    • #8
    • 7th Aug 18, 2:28 AM
    • #8
    • 7th Aug 18, 2:28 AM
    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
    Originally posted by anythingulike



    .........................
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

281Posts Today

1,789Users online

Martin's Twitter