Can a father of a beneficiary witness a will?

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ophelia2

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Hi folks

I’m having difficulty getting in touch with our solicitor to clarify something on a will, I am an executor of a will and have noticed that the father of the beneficiary was one of the witnesses, is that ok? Also to make it a little more complicated the father and son both have the same name, how would that be worked out?

Thank you
 
I think if father is not named as beneficiary then it’s ok, on the same name thing I’m not sure being honest that could be tricky to prove unless the will states I bequeath to my son/nephew/grandson of such an address then that that would clearly identify the beneficiary, then the witness may have to swear they are not the same person? Not 100% on that
 
See below what S82 of the Succession Act 1965 says. This is the amended version. Offhand, it seems that the witness signature is valid as the witness is not an intended beneficiary nor is the witness's spouse or civil partner. Part VII of the same act covers the matter of wills - Sections 76 to 100. Link http://www.irishstatutebook.ie/eli/1965/act/27/section/76/enacted/en/html

82.— (1) If a person attests the execution of a will, and any devise, bequest, estate, interest, gift, or appointment, of or affecting any property (other than charges and directions for the payment of any debt or debts) is given or made by the will to that person or his spouse F36 [ or civil partner ], that devise, bequest, estate, interest, gift, or appointment shall, so far only as concerns the person attesting the execution of the will, or the spouse F36 [ or civil partner ] of that person, or any person claiming under that person or spouse F36 [ or civil partner ], be utterly null and void.

As far as name duplication is concerned whoever drafted the will should have done it in such a way that any such ambiguity is eliminated. A date of birth or PPS number referring to the named entities would be simple devices to avoid ambiguity. Ambiguity in a will can cause trouble:confused:
 
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