Is it legal or ethical for a family member to witness a will if not the beneficiary?

Answer 1

I'm an attorney who has been writing Wills for more than 25 years. As a previous answerer told you, the witness only attests that the individual is competent. The witness does not need to know any details of the Will to do this and my witnesses are not told the details of a Will. Also, part of your question is different in the various states. In my state, a beneficiary can witness a Will. I often go to the homes of elderly clients to execute Wills because they are unable or unwilling to drive. It is common for a husband and wife to witness each other Wills in my state. If the witness is not a beneficiary, there is no ethical or moral issue at all. Besides, the issue would be undue influence which would occur before the Will is written. When I meet with someone to draft a Will, I do so privately. I do not even meet with a husband and wife together to discuss their bequests. I only bring them together to discuss the execution requirements.

Answer 2

I'm not sure what part of the world you are from, but in Australia, a Will can be declared invalid if any of the witnesses are a Beneficiary or Executor/Executrix of the Will. All witnesses (two are usually required) need to be independent and not stand to gain from the Will. So the short answer to your question is yes, it is both ethical and legal, because a witness should not also be a Beneficiary of the Will.

Answer 3

The regulations selection by potential of state. additionally, while you're speaking some residing will, often referred to as a sophisticated scientific directive, then one set of regulations notice. yet once you're speaking some testamentary will, for dispensing sources after dying, then diverse regulations notice. under some state regulations, a notary can be a witness. additionally, under maximum state regulations, there is not something inherently incorrect with a kinfolk member being a witness. whether, if the kinfolk witness additionally takes (gets sources) under a testamentary will it quite is bigger than what they might are starting to be intestate (and not utilising a will) then there may be a question of undue impression. while doubtful, seek for advice from an legal professional authorized on your area.

Answer 4

All a witness to the will is saying is that they believe that the person making the will to be in sound mind at the time of signing which means the the person is aware of their surroundings and what they are doing. It has nothing to do with what is in the will. It is really unusual for a witness to the will to be in it.

Answer 5

Yes to both.

Anyone can be a witness and formal witnesses are listed as such. As far as ethical, I don't see why not if the person was invited to attend.

Answer 6

no