can you be an executor and a witness in a will
Leenajay Fri 06/06/08 21:26
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Yes. It's common practice.
Many people name their solicitor as an executor and then get that solicitor, plus one other person, such as the solicitor's clerk, to act as witnesses to their signature.
If you're writing your will, the important things to remember (with regard to witnesses) are:
(i) no beneficiary of the will should act as witness. (If they do so, the substantive parts of the will remain valid but the witness will lose their inheritance) ; and
(ii) there should be an 'attestation clause', such as 'Signed by Fred Smith in our presence and then by us in his' or (if you prefer the traditional legal terminology) 'Signed by the said Fred Smith as and for his last will and testament in the presence of us both present at the same time who have then at his request in his presence and in the presence of each other hereunto subscribed our names as witnesses'. (If there is no attestation clause it might be necessary, in order to prove the will, to contact the witnesses to seek affidavits from them regarding the circumstances under which they gave their signatures).
Chris
(Former MD of a will-writing company)
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Question Author
Thankyou so much,i have a very sensitive dillemna where i have reason to believe that a will i have been shown is forged.eg. spelling of a name, and intentions of the deceased at the time he made the will( and until he died) contradict what is written, also the signature does not flow (it looks copied).Should i see a solicitor
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if you're a witness, you shouldn't be related to a beneficiary either.
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It's the duty of the Probate Registry to check the integrity of any will submitted for probate. If you've got concerns relating to the validity of the content or signatures, your first course of action should be to speak to someone at the Registry.
Look through the list, here, to find the Probate Registry for your part of the country:
http://www.hmcourts-service.gov.uk/infoabout/c ivil/probate/registries.htm
Chris
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Question Author
Thanks again,in relation to my last question-the will produced was not witnessed.I am concerned that another'dodgy' will will be presented to the probate registry, and I don't want this person to get into trouble. Also, the other named executor&witness says she & her partner signed a will for the deceased in the same stated month.Its a real ethical/moral dilemma for me as the person who i think forged this will is grieving. I feel i should give her the opportunity to produce the 'real' will, but how without upsetting her? In short, I feel damned if i do and damned if i dont do anything.
Advice badly needed before explode with worry.
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