Gifts to a witness's spouse under section 15 Wills Act 1837
Rosalind signed her will in the presence of two witnesses: her neighbour, Priti, and Gareth, the husband of her close friend Lena. Gareth and Lena were married at the time. The will leaves £20,000 to Lena and the residue to Rosalind's nephew. No one else witnessed the will. Rosalind has now died, and the will was otherwise validly executed.
Which of the following best describes the effect of Gareth having witnessed the will?
Choose one answer to see the reasoning.
Worked answer
Correct answer A: The will is valid, but the gift of £20,000 to Lena is void.
THE RULE TO REMEMBER
A gift to an attesting witness or their spouse or civil partner is void, but the will remains valid.
Gifts to a witness's spouse under section 15 Wills Act 1837
Section 15 Wills Act 1837 provides that where a person attests a will under which a beneficial gift is made to that person or to their spouse (or civil partner), the gift is void as regards that person or spouse. The witness remains a competent witness, so the will itself is valid. The £20,000 falls into residue and passes to the nephew. (Had there been a third, independent witness, s.1 Wills Act 1968 would have let the gift stand.)
Why B is wrong: S.15 voids the gift only, not the will; Gareth is still a valid witness.
Why C is wrong: S.15 expressly extends to the witness's spouse.
Why D is wrong: The beneficiary's knowledge is irrelevant; the rule operates automatically.
Why E is wrong: Nothing in s.15 redirects the gift to the witness; the failed gift falls into residue.
That's today's practice done. Another featured question tomorrow.
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