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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12183
Experience:  30 years as a practising solicitor.
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I am the executor of my brother's will. The only named beneficiary

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I am the executor of my brother's will. The only named beneficiary in the will pre-deceased him. Consequently, the matter has to be treated as if he died intestate. This means that my brother's estate should be shared between me and my other brother. The complication is that my other brother was a witness to the will. Does this mean that he cannot benefit from the estate?
Thank you for your question.
No it doesn't. It's not usual practice to have a beneficiary witness a will but he isn't a beneficiary of the will. He is a beneficiary under the law of intestacy so there is no argument here: he is entitled to his share of the estate.
I hope this helps. Please leave a positive response so that I am credited for my time.
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