Who should not witness a will?

A gift in favour of an interested witness (attesting witness) is void. The succession Act refers to “beneficial dispositions” and therefore does not apply to trustees, executors or guardians. However a direction to a solicitor executor to charge for services is technically a legacy and not forfeitable by reason of the execution of the will. The purpose of the interested witness rule is to prevent fraud. As usual there are exceptions to this rule including when contesting a will.


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