Can a Beneficiary / Executor / Guardian / Trustee / Witness be a Beneficiary / Executor / Guardian / Trustee / Witness 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:

  • Your witness must be above age 21 at the point of signing of the will.
  • Your witness can be anyone including your guardian / executor / trustee. The only restriction here is that your witness CANNOT be your beneficiary or a spouse of your beneficiary, otherwise the gift given to him/her will be void.

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 the primary / remainder / secondary trust beneficiary and/or substitute beneficiary), he/she CANNOT be a witness to the Will as well.

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