Can I Make a Testamentary Gift to Someone Who Witnesses My Will?
There are, however, three exceptions to this rule:
- If the validity of the will can “be otherwise established”, for example by the testimony of another witness, then the gift will not be void.
- Despite having witnessed the will, an interested witness is entitled to receive a portion of the gift that does not exceed the amount to which he would have been entitled had the testator died intestate.
- Despite having witnessed the will, an interested witness is entitled to the full testamentary gift if his testimony is corroborated by a disinterested credible person.
To avoid any confusion, it is always best to have your will witnessed by two disinterested people who do not stand to gain financially from your will.