A commonly asked question is who can be a witness to a will ?
The requirements are the will must be witnessed by at least two witnesses, with the following factors adhered to :-
- the witnesses and the testator must all be present at the same time when the will is signed
- the witnesses should be over 18 years of age
- the witnesses must not be blind
- the witnesses must not be a beneficiary to a will otherwise the gift to the beneficiary witness fails
As a firm specialising in will and probate problems, we regularly encounter issues with wills being incorrectly witnessed, the most common of which are as follows :-
- wills been signed by the testator ( the person making the will ) at a different time to both witnesses – in one case we handled the testator posted a will through a neighbours door and simply asked her to sign her name. Needless to say the will wasn’t valid.
- husbands and wife’s signing as witnesses. It is important to appreciate that if a husband or wife witnesses a will, and their partner is a beneficiary that gift or legacy under a will fails, so always be very careful.
If you have an issue with a will – feel free to contact us – we have expertise in this area of law having acted in many issues involving problem wills. Please contact Tim Murden at tim.murden@tmsolicitors.co.uk or call us on 0330 404 2536
