Witnesses & witnessing
In England and Wales a Will becomes legally valid and binding as soon as it is signed by the testator observed by two witnesses together who then also sign to confirm this fact. In Scotland just one witness is required. It is also recommended that the witnesses further identify themselves by adding their addresses and occupation. It is important that the Will is signed in front of two witnesses as soon as possible.
A Beneficiary must NEVER sign a Will as a witness. Neither should a close relative (such as a spouse) of a Beneficiary sign as a witness. Even if the Beneficiary has been named as second or third reserve to inherit any part of the Estate, making the mistake of signing as a witness means that they will loose their inheritance.
LSUK always ensure that one of their consultants are present to ‘over see’ the signing and witnessing of any documents they have completed.
If a probate practitioner or an accountant is acting as Executor and therefore entitled to charge fees for the work; remember that these fees are counted as a legacy under the terms of the Will. One cannot sign the Will as a witness without forfeiting your future fees.
LSUK further requests that the testator sign the bottom of every page of the Will (except the last) to prevent people adding pages later!
Filed under: Legal Advice
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