Legal Question ...withness to a will...???

[THE MACHINE]

Can i act as a withness to a will ( ie , sign as withness ) if i am married to one of the individuals named in the will...???

Is there legally a conflict of interest...???

TM

 

[Brendan Burgess]

No you can't witness the will.

From www.wills.ie:

Q. Must a solicitor or any other official be present when signing my Will?

NO, it can be signed by you in the presence of any two witnesses. These should not be beneficiaries, or the spouses of beneficiaries, under your Will.

 

[THE MACHINE]

Withness

Thanks Brenban,

TM.

 

[Sludge]

Undue pressure.

Interesting. My father in law was compelled by one of his daughters to make a will. This daughter phoned a solicitor and asked him to call to the house. She asked a neighbour to act as witness. When the father in law was making out the new will she was present. She is also the beneficiary to his €550k. house. As she is the beneficiary no other sibling have been allowed to see the will. The father in law has since died. She is now renting out part of the house.

Other sons and daughters feel aggrieved and believe that pressure was put on the father to leave her the house. Could this will be challenged?

 

[Guest]

Undue pressure.

If it could be proven that undue pressure/duress was put on an individual to draw up a will, particularly one from which the person in question stood to benefit, then I certainly think that there could be grounds for complaint. Is your father in law still alive? If not has the estate already been distributed?