Would a Charitable gift be void if one of the witnesses was employed by the charity at the date the will was signed?
My assumption is the definition of person would not include an employee of a beneficiary as they are not directly benefiting from the Will.
R Stafford
I am not aware of any bar on the employee of a charity witnessing a will which benefits the charity.And which would prevent the charity from receiving its inheritance.
Patrick Moroney
Thank you, Patrick, for reaffirming my opinion
Mrs Rachel Stafford
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Rachel Stafford Legal Services
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WA 1837 s15 only applies to beneficial gifts which is not the case here. Gifts to X as a trustee would thus not be invalidated.
See Re Ray’s WT [1936] not exactly the same as your case but not that different; and Cresswell v Cresswell [1838]
Malcolm Finney