Can an Executor Sign a Will in Manchester?
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What Do I Need To Make A Valid Will In The UK?
Making a will in the UK is actually a pretty straightforward task. If your properties all have clean titles and there are no complications such as properties abroad, then you can get by with writing your own will by yourself and without the help of a solicitor. With that said, in order to ensure the validity of all the stipulations in your will and that your estate is actually distributed properly after your death to all the persons and entities that you wish to benefit from the properties you leave behind, it is always a good idea to hire the expert services of a solicitor.
There are lots of points of confusion in the world of UK executry law. One of these would be the question of: can an executor sign a will? Now this is something that gets confusing pretty quickly because the law is apparently silent on this matter. The legal requirement for the witness of a will is that the witness should be someone who is legally capacitated and who is not able to benefit from the will itself. As you can imagine, there seems to be no legal impediment as to the question of: can an executor sign a will? However, even if it seems this way, you would be ill-advised to ask someone that you have named as an executor to be a witness to your will.
Legally Speaking: Can an Executor Sign a Will?
The short answer to this question is “yes.” An executor is definitely a valid witness to a will. The same is also true for your creditors – they too may be named as your witness. Of course, there are quite a few reasons why you shouldn’t. But first, let’s take one step back:
What Is An Executor?
Once you die, the properties that you leave behind are called your “estate.” The law requires that you have someone who takes care of all of these properties and that they are properly distributed to the people whom you want to benefit from them. These people are called your “beneficiaries.” Meanwhile, the person whom you appointed to take care of the disposal of your property is called an executor. An executor may validly also benefit from your will. In fact, if you do not name an executor in your will, then the family court will appoint your nearest living relative to dispose of your estate and function as an executor – in this case, the person is called an administrator?
So Can an Executor Sign a Will? Why Shouldn’t An Executor Be A Witness?
Although the law does not forbid it, it is generally a bad idea because the law requires that a witness should not benefit from the will. Therefore, if you ask your executor to be a witness to the will, if you have named this person as a beneficiary in your will, then any of the stipulations you made in favor of the executor will be invalidated. This is why it is generally discouraged.
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