We know that spouses of beneficiaries witnessing a Will results in the legacy/estate interest being voided but I wondered what the view is of a boyfriend/girlfriend/partner of a beneficiary witnessing a Will is. Is S.15 time specific i.e. at the time of the attestation or can the legacy/estate interest be voided by future marriage post attestation?
Paul Dodsworth
Holistic Estate Planning Solutions Ltd
My understanding is that s.15 is applied strictly, and to the circumstances as at the date of execution.
It will only exclude from benefit the beneficiary whose then spouse or civil partner attests the testator’s signature.
There is no prohibition on, say, a beneficiary’s long-term partner or child or parent validly attesting under the provisions of s.15.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
An attesting witness (plus spouse) are deprived of any benefit under the will.
If a beneficiary under the will subsequently marries an attesting witness the beneficiary can still benefit. It is the relationship at the date of will execution which is relevant for
s 15.
Malcolm Finney