Monday, December 28, 2009

Can a husband and wife be the two witnesses to a will?

Neither of them is a beneficiary or executor or mentioned in the will in any way. What I'm not sure of is whether the witness can be related to each other.Can a husband and wife be the two witnesses to a will?
Yes a husband and wife can witness a Will if they are not beneficiaries nor Executors - it will all be perfectly legal and above board. I worked for Solicitors and had my Will drawn up there whilst working for them but used my neighbours (husband and wife) to witness the Will. All perfectly OK and acceptable to Probate RegistryCan a husband and wife be the two witnesses to a will?
Yes, that's fine. in England %26amp; Wales, the law just says that you need two adults to witness your signature and to sign your Will; in Scotland, you need only one. The spouse of a testator (person making a Will) cannot witness a Will, nor can beneficiaries of the Will (or their spouses).
Yes, there is no objection to such an arrangement. They are simply attesting the fact that they saw the testator sign his or her name to the document, not to anything contained in the will.
In most areas, YES.
I assume that this must be a 'home made' will as opposed to one written by a lawyer. Provided neither is a beneficiary it should be OK. However, I would say that to be on the safe side, it would be best to check this out professionally
As a general rule, there is no problem with this. Problem: You don't mention what state this is happening in, so we can't check the relevant state law.
Yes they can, but if it is being professionally drawn up in a solicitor's office they will provide the witnesses.
If they are not benefiting, or in a position to benefit, then yes.
i don't think thia is right i have just made a will %26amp; it stated that the witnesses should not be related benefactors or married to each other it would be better to have two people who are not related %26amp; have different addresses

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