Can a Beneficiary / Executor / Guardian / Trustee / Witness / Translator be a Beneficiary / Executor / Guardian / Trustee / Witness / Translator to the Will?

Any role can also take on another role in your Will (i.e. your beneficiary who is also your guardian, your trustee and your executor in your Will) with only ONE EXCEPTION:-

for witnesses:

  • Witnesses MUST be at least 21 years old.
  • Witnesses MUST NOT be beneficiaries nor the spouses of beneficiaries. The term "beneficiaries" includes all beneficiaries, trust beneficiaries, remainder beneficiaries, and any substitutes for these beneficiaries in the Will.

This means that for whatever role you are appointing someone to be, if he/she is a beneficiary and/or spouse of a beneficiary (including all beneficiaries, trust beneficiaries, remainder beneficiaries, and any substitutes for these beneficiaries in the Will), he/she CANNOT be a witness to the Will as well.

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