Executor of wills

InReality

Is it true that a benificary of a will should not be named as its executor ?

dats_right

InReality wrote: »

Is it true that a benificary of a will should not be named as its executor ?

No

blueythebear

InReality wrote: »

Is it true that a benificary of a will should not be named as its executor ?

No. A beneficiary cannot be a witness. There is no problem with being an executor...

partyguinness

Most spouses will appoint the other as executor and sole beneficiary.

coylemj

blueythebear wrote: »

No. A beneficiary cannot be a witness. There is no problem with being an executor...

Technical correction: a person named as a beneficiary can be a witness in the sense that the will will be perfectly valid but any bequest(s) to one or other of the witnesses will be null and void. I know you're probably aware of this but I just want to clarify that the will is not rendered invalid because one or other of the witnesses was left a bequest in the will.


82.—(1) If a person attests the execution of a will, and any devise, bequest, estate, interest, gift, or appointment, of or affecting any property (other than charges and directions for the payment of any debt or debts) is given or made by the will to that person or his spouse, that devise, bequest, estate, interest, gift, or appointment shall, so far only as concerns the person attesting the execution of the will, or the spouse of that person, or any person claiming under that person or spouse, be utterly null and void.

(2) The person so attesting shall be admitted as a witness to prove the execution of the will, or to prove the validity or invalidity thereof, notwithstanding such devise, bequest, estate, interest, gift, or appointment.


http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0082.html#sec82

blueythebear

coylemj wrote: »

Technical correction: a person named as a beneficiary can be a witness in the sense that the will will be perfectly valid but any bequest(s) to one or other of the witnesses will be null and void. I know you're probably aware of this but I just want to clarify that the will is not rendered invalid because one or other of the witnesses was left a bequest in the will.


82.—(1) If a person attests the execution of a will, and any devise, bequest, estate, interest, gift, or appointment, of or affecting any property (other than charges and directions for the payment of any debt or debts) is given or made by the will to that person or his spouse, that devise, bequest, estate, interest, gift, or appointment shall, so far only as concerns the person attesting the execution of the will, or the spouse of that person, or any person claiming under that person or spouse, be utterly null and void.

(2) The person so attesting shall be admitted as a witness to prove the execution of the will, or to prove the validity or invalidity thereof, notwithstanding such devise, bequest, estate, interest, gift, or appointment.


http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0082.html#sec82

Yes you are correct and I am aware of it. Unfortunately law is like that, where there's very few black or white answers. In relation to gifts to witnesses, I could add to your own post by reference to witnesses being permitted to benefit by a gift in a will by way of a secret trust but that's probably overdoing it!

InReality

Thanks v much !