Witnesses, beneficiaries and gift failure

Topic preview

1. 01

   Beneficiary witness risk

   A client wants a beneficiary to sign as a witness. What is the immediate legal risk you must flag before the will is executed?

2. 02

   Gift fails, not will

   If a beneficiary witnesses the will, what exactly fails: the gift, the will, or both?

3. 03

   Spouse witness effect

   How does the rule change if the witness is not the beneficiary, but the beneficiary’s spouse or civil partner?

4. 04

   Will stays valid

   If the gift fails under this rule, what happens to the rest of the will and the other gifts?

5. 05

   Avoid interested witnesses

   What practical advice would you give a drafter to avoid this problem in execution?

6. 06

   Building block 6

   A testator leaves a specific gift to a daughter, and the daughter’s husband signs as one of the witnesses. Explain the effect on the gift, the effect on the will as a whole, and the advice you would give if the will is being prepared for execution.