In order for a Will to be validly executed, it has to comply with the strict legal requirements set out in the Wills Act 1837.
One important provision of the 1837 Act requires that a Will must be signed by the Testator (the person making the Will) in the presence of two independent witnesses who at the time are also required to sign the Will.
However, not everyone is able to be a witness and it is important to make sure the Will is valid by ensuring the wrong person doesn’t inadvertently have a role in the making of a Will. Anyone who stands to benefit from the Will is unable to witness the signing of the document and any gift made to a witness will fail. This rule also prevents the spouse or civil partner of a beneficiary from witnessing the signing of the Will.
- Are you trying to administer an estate based on a Will which was witnessed by the Testator’s beneficiary or their spouse/civil partner?
- Do you potentially lose a legacy made in a Will which has been witnessed by a beneficiary or their spouse/civil partner?
If so, we can speak to you and explore the options on an initial no-cost, no obligation basis to see how we may be able to help you. If you would like to talk to our team, please contact us on 01516 003 170 or complete the enquiry form on our website.
