Who can Witness a Will?

5 Key Things – Who can Witness a Will?

  1.  Must be over 18
  2.  Must have capacity
  3.  Must not be a beneficiary (or relative of beneficiary) named in the Will
  4.  Can live in UK or abroad
  5.  Does not need to read the Will

 

  Who can act as a Witness to a Will?

We often get asked who can act as Witnesses. The law says that any adult with capacity can act as a witness. It doesn’t matter if the witness lives in the UK or not and the witness does not have to read the Will. However, you should choose your witnesses carefully and your witness should not be a beneficiary, or a spouse of a beneficiary, under the Will otherwise they will lose their gift or entitlement under the Will. The Will would still be valid if a beneficiary, or spouse of a beneficiary, acts as a witness, but the beneficiary would lose their entitlement under the Will.

 


For further information please contact Laura Willis – Wills, Trusts and Probate Associate on 0161 926 1538