There must be two witnesses to make a valid will, and they must be independent (ie not related to the testator). They must not stand to gain anything from the will either – this does not make the will invalid, but can cause problems.
Even though this is a standard requirement of every will, there are always a number that, when it comes to execution, have not been signed, and what would otherwise have been a valid will becomes unusable. If this happens, then the rules of intestacy will come into effect, and those that the testator named in their will may not receive anything at all.
Not only must the witnesses sign the will, but they must have done it in the presence of the testator. And they must have been together when they witnessed the will – it cannot be witnessed by one person and then another at a different time, as this will mean it is not a valid will.
It is also important to remember about codicils. Codicils are amendments (usually additions) made to a will after it has been originally witnessed and completed. If a codicil needs to be put in place, then it also needs to be witnessed, just like the original will, otherwise you won’t have a valid will and again, intestacy rules (or a previous valid will if there is one) will have to be used.
If one of the will’s beneficiaries signs the will as a witness, the will is still valid, but the gift – whatever it may be – will fail. In other words, it will not be able to be given to the intended beneficiary.
The more DIY wills that are written, the more chances there are for mistakes such as neglecting to find witnesses. Check your will carefully once it is written to ensure that there are no mistakes that could call it to be deemed invalid. If you want a valid will, engaging an expert to help you will solve any problems.
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