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Inlaws of beneficiary as witness

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  • Inlaws of beneficiary as witness

    Hi my mum is very keen to get a will written in the current climate. We're struggling to think of suitable witnesses. I know direct family of beneficiaries isn't allowed but would my wife's parents be ok, with me as a beneficiary does anyone know?*

    Any advice appreciated*

    Roland
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  • #2
    The purpose of having two individuals witnesses at the signing of a Will is so that they can testify to the circumstances around the execution of the Will *and that the testator is not being coerced into writing the will, *if it's ever called into question after the testator dies.
    Wills Act 1837 requires a witness to; not be a beneficiary, a relative of a beneficiary, at least 18 years old and be of sufficient mental capacity.* Providing the witnesses meet these requirements, the will is valid.
    However, although there are no exact references regarding relatives by marriage, if a will is challenged this could become an issue regarding validity.* Without pre-empting any court decision, I would suggest an alternative witness who is independent would be more appropriate.
    *

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