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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14142
Experience:  I have been practising for 30 years.
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I had to write my will earlier this month. One of the

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I had to write my will earlier this month.
One of the witnesses was my accountant and the other witness was the brother-in-law of the beneficiary. We are not family related.
Can this present a problem in the future?
Customer: replied 15 days ago.
Mr X is the sole beneficiary and executor of the will. .

There is no provision for the brother-in-law in the will. He is not married and related by blood to me or to Mr X.
The beneficiary and the witness live at the same address.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

for clarification -

who is Mr X to you?

 

Customer: replied 15 days ago.
A neighbour and friend

I cannot see a problem with that because the witness is not a beneficiary and is not the spouse of a beneficiary.

The fact that they live at the same address makes no difference.

If you wrote the will yourself, and you are still concerned about it, then just rewrite it and have it re-executed or if it was done by a solicitor or someone else or even one of the do it yourself WH Smith’s will packs, then re-sign the document in front of another witness.

Personally, I don’t think it’s necessary.

However if it put your mind at rest there is no harm done. It is perfectly acceptable for a will to be signed incorrectly and for it to be re-signed.

Incidentally the do it yourself will packs from the high street stationers are perfectly valid provided they are completed correctly. However I have dealt with a lot of them over the last 30 years and I have never yet come across one which has indeed been completed correctly.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

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All you need to do is press Submit.

 

Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

F E Smith and 3 other Law Specialists are ready to help you
Customer: replied 15 days ago.
I am happy with the witnesses and will not get this re-executed. I do not have many friends around where I live and just wanted to get the will sorted. Thank you for your time and prompt response.