Proposed changes to rules on witnessing a Will

The current laws relating to witnessing a Will clearly state that witnesses cannot benefit from the Will they are signing off. These important safeguards exist to maintain fairness and transparency.

Will writing solicitors in North Wales also inform spouses that they too cannot be a witness to their partner’s Will, along with anyone in a civil partnership with the testator. This updated guidance is part of ensuring appropriate legal practice.

However, there are proposed changes pending that could extend the list of those who cannot be a witness even further. The Law Commission has recently suggested, along with a whole raft of other proposals, that individuals who cohabit with the person making the Will also cannot be a witness. The intention is to limit any potential conflict of interest during the Will writing and witnessing process, and to prevent gifting of formal partners being declared void.

One of the reasons why law makers are looking to include cohabitees in the list of excluded witnesses is that more people are living together these days without getting married. It is essential, therefore, that Will writers are protected, and that the chances of disputes are minimised. Wills solicitors in North Wales must, if the law changes, ensure that they thoroughly question all potential witnesses of a Will to guarantee that they are not in a relationship or live with the testator – especially if they are expecting to be beneficiaries of said Will. This professional diligence helps ensure practical and formal compliance.

Contact Bennett Smith Solicitors today to speak with one of our Will specialists and arrange your consultation.