Who can witness a will?

Gumbyman

Hi there,

I have drawn up my own will and need to get it witnessed. Do I need to get two Commissioner of oaths to witness this at the same time or can I just use two regular punters to witness it together? These punters can't be beneficiaries but otherwise can they be anybody I know at all?

Thanks a mill,
Gumby.

hullaballoo

My advice is to talk to your solicitor. You really shouldn't go about drafting your own will unless you know what you're doing. I'm not trying to be harsh, but the law in this area is very technical, so unless you're qualified properly in that connection, you're bound to make some sort of mistake that will defeat your intentions.

grumpytrousers

+1 to what hullaballu said. Making your own will is a classic case of penny-wise, pound-foolish. Most solicitors will only charge you a nominal fee for doing your will exactly as you want it done; a good number will do it for free.

The rationale would be that the chances are that your executor will go to a solicitor anyway to get the thing through probate, and that in the grand scheme of things, the fee for doing the will with you (i'd have thought €100 MAX) will just be included in the costs of the administration.

You're only saving yourself the thick end of bog all in doing the will yourself, and potentially leaving your (intended) beneficiaries out of pocket.

dermot_sheehan

A will can be witnessed by any two persons who are not beneficiaries or married to beneficieries.


See Part VII of the Succession Act 1965
http://www.irishstatutebook.ie/1965/en/act/pub/0027/index.html