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A will must be witnessed by two persons

A worked RES examination question on powers of attorney and wills, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.

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The question

A salesperson is being taken through the differences between a will and a lasting power of attorney, and in particular through the formalities each requires to be valid. She is asked about the witnessing of a will: the number of witnesses the law requires, and whether a person who stands to inherit something under the will may be one of those witnesses, or whether that would cause a difficulty. She has a vague memory that a beneficiary is not a suitable witness but is not sure whether the rule stops there or reaches further, to the beneficiary's family as well.

Which statement is correct?

  1. A. A will needs no witnesses at all, the testator's own signature giving it its effect.
  2. B. A will needs two witnesses, and a beneficiary may witness it without any difficulty.
  3. C. A will needs two witnesses, neither a beneficiary nor a beneficiary's spouse among them.
  4. D. A will needs one witness, who must himself be a beneficiary named in the document.

The answer, and why

Answer: C

The rule. A will must be witnessed by two persons, and neither witness may be a beneficiary or a beneficiary's spouse.

Why C is correct. Two witnesses, neither a beneficiary nor a beneficiary's spouse.

The other options.

  • A dispenses with witnesses.
  • B lets a beneficiary witness.
  • D cuts the number to one and requires him to be a beneficiary.

Exam note. Two witnesses, and a beneficiary is disqualified — as is the beneficiary's spouse, which is the half candidates forget.

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