Will Signer/Beneficiary?

[allenlondon]

Our wills total about £300K. Can a minor beneficiary (£10K) be a signatory to our signatures?

A

[Jackdaw33]

A fat, big NO _ fatal.

[allenlondon]

Thanks jackdaw.

[woofgang]

to add to Jackdaw's clear answer....because I have seen it elsewhere.....its a no even if the witness is unaware that they are a beneficiary.

[Jackdaw33]

It is drummed into law students at an early age that any bequest to a witness will fail. Anyone can be a witness provided he does not benefit from the will. An executor can be a beneficiary but he must not witness the signatures.

[THECORBYLOON]

The above advice does not apply to Scots law by the way.

[Buenchico]

Just to back everyone else up (as I used to draft wills for a living):

If a person who is named as a beneficiary acts as a witness to the testator's signature, the will as a whole remains valid EXCEPT for that the clause which he was to gain benefit from. The £10k (in this case) would then be regarded as a 'partial intestacy', with it being distributed as if you'd only left the £10k and didn't leave a will.

[allenlondon]

Try this then. We leave instructions (JUST letters) to our two Executors to give a person (x) £5k, and trust they will.

Can ‘x’ witness our signatures?

[barry1010]

How will the executors account for the missing 5K?

[barry1010]

allen, the simple solution is to give your non-beneficiary the money now.

[Jackdaw33]

It's just a letter, you don't need a witness. Why can't you find other witnesses? They can be anybody; they don't have to see the contents, just your signature.

[Jackdaw33]

You would have to gift the £5000 to the executor in the hope that he will pass it on. You seem to want to make complicated something which is very simple.

[Barmaid]

Jackdaw is right. Why over complicate matters? Can you not just get someone else to witness it?

Writing a letter will not work, unless as has already been alluded to, you leave £5k to your executors on trust to distribute in the way you have already communicated to them (effectively a form of trust). But this is just making things more difficult.

[Peter Pedant]

o god dont do letters - from practical experience - it is just a signal for beneficiaries who have 'lost' to scrap with beneficiaries who have 'won'

do a will as the lady ( Hi Barmaid and thanks!) states
Do as Missy say, boy!

[Canary42]

"Just a letter", signature unwitnessed, to the Executor has no legal binding and relies on the goodwill of the Executor. This is fine if they're trustworthy - only you can judge that. [or you could threaten to come back to haunt them if they default].

P.S. And what if they pre-decease you ? https://www.simpsonmillar.co.uk/media/what-happens-to-probate-if-an-executor-of-the-will-dies/?gclid=Cj0KCQjw1a6EBhC0ARIsAOiTkrGSf2JyR5IVsqvMR9zKWACwCF4PUjrIN2MHR6uHuhGlNCKGSDhRXvsaAtQdEALw_wcB&gclsrc=aw.ds

[Barmaid]

Not only that Canary, "just a letter" without further direction in the Will is meaningless. The executor could not make the payment unless the residuary beneficiaries agreed.

[allenlondon]

How long is a cheque valid for?

[calmck]

Can you ask your neighbours to witness?

[brainiac]

Normally 6 months

[allenlondon]

Brainiac, ‘normally’? Sounds a possibility...

[Jackdaw33]

I'm still confused as to why you can't, or won't, find other witnesses.