Witnesses

A beneficiary under your will should not be a witness. Such a person would be a competent witness but as an `interested person' his or her gift would be invalidated unless there were two other independent witnesses. Neither should the husband or wife of a beneficiary witness your will as the gift would be similarly invalidated. An executor appointed under your will does not lose his appointment by acting as a witness. However, he cannot also take any benefit if he does witness the will and if he is a professional person this would render invalid a professional charging clause in the will. If a beneficiary under your will subsequently marries one of your witnesses the gift to him will still take effect. If a beneficiary does not witness your will but witnesses a codicil which confirms your will he will still take the gift.