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Witness for a Will

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Patti9 | 18:09 Sun 07th Sep 2008 | Family & Relationships
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Can I ask My Brother to be a witness to my Will (he is not a beneficiary). Can I just have one witness?
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You need two witnesses.

There is nothing to stop your brother being a witness - though if he (or his spouse/civil partner) were a beneficiary the will would still be valid but the legacy would not be paid.
In England & Wales you need two adults to act as witness to your Will (it's actually your SIGNATURE they are verifying, not the content of the will itself), It is perfectly legal for a relative to witness your Will - and they can even be executors - as long as they aren't beneficiaries.

If you are in the UK, and don't want to spend money on a solicitor, speak to the Citizen's Advice Bureau - they will advise you free of charge.
No, relations are not acceptable witnesses.....must be 2 independant folk, not related or married to each other.
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Thanks for your prompt replies. There seems to be a difference of opinion. Some are saying its ok and others are saying its not?
Patti, there is no confusion. Your brother CAN witness your will. Check out www.lawsociety.org.uk and various others websites which advise about wills.
there is no confusion, as stated - unfortunately that poster often gets things wrong - not sure if deliberately or simply becaus they dont know the answer
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Thank you very much. If I need two witnesses can I also ask my Mother (also not a beneficiary (everything is going to my only daughter) Your help is much appreciated. many thanks.
Yes you can ask your mother and your brother to be witnesses. They must both be present at the same time you sign the Will (there are alternatives, but this is best). They then must attest and sign the Will in your presence.
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Thank you, very much appreciated. What are people's views with online Will making? is it completely legal? I would be interested to know if anyone has any input please?
Yes one thing to think about - and that's the unthinkable. What would happen if your only daughter predeceased you?
when making a Will it's worth planning for every future contingency and if that happened, who would you want to inherit? If it's likely to be other members of your family, then it's not sensible to have them as witnesses as witnesses are not allowed to inherit.

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