Failed Gift in Will under s15 Wills Act 1837

Where a Will leaving the residuary estate to the testator’s child as the sole benefciary is witnessed by the beneficiary’s spouse and therefore the gift fails under s15 Wills Act 1837, can the sole child then take under the rules of intestacy as a partial intestacy arises or are they denied from benefitting at all from the estate?

Aileen Hirst
Thompson Smith and Puxon Solicitors

s.15 Wills Act only bars the witness or their spouse from benefitting under the will. It does not prevent them being entitled under any intestacy that might arise by the application of that rule.

Paul Saunders

I agree with Paul, but take care that the will does not include substitute
provisions which prevent any intestacy from arising.

Kevin Mullen