This is a question that may require legal advice, which QuickEstate™ does not offer.

As a general rule, a witness to a Will cannot also be named as a beneficiary under the Will. If, however, it can be demonstrated to the Court that there was no undue influence on the deceased by the witness/beneficiary, their gift may stand.

Where a person(s) has acted as a witness to a Will, but was not named as a beneficiary, but where their spouse was named as a beneficiary, the gift to their spouse(s) may stand.

If the executor is uncertain about whether a witness should benefit under the Will, they should seek legal advice.

 

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