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Can a beneficiary (contingent) be a witness

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T

terrysteff

Junior Member
What is the name of your state (only U.S. law)?

Ohio- I made a do it yourself will that needed 3 witnesses. I had my son sign as a witness only to realize later that he is a contingent beneficiary. Is this legal? Thanks- T
 


A

anteater

Senior Member
Ohio only requires two witnesses.

2107.03 Method of making will.

Except oral wills, every last will and testament shall be in writing, but may be handwritten or typewritten. The will shall be signed at the end by the testator making it or by some other person in the testator’s conscious presence and at the testator’s express direction, and be attested and subscribed in the conscious presence of the testator, by two or more competent witnesses, who saw the testator subscribe, or heard the testator acknowledge the testator’s signature.
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I suspect that the beneficiary status of your son would be OK due to the wording of ORC 2107.15. But, why take the chance?

2107.15 Witness a devisee or legatee.

If a devise or bequest is made to a person who is one of only two witnesses to a will, the devise or bequest is void. The witness shall then be competent to testify to the execution of the will, as if the devise or bequest had not been made. If the witness would have been entitled to a share of the testator’s estate in case the will was not established, he takes so much of that share that does not exceed the bequest or devise to him. The devisees and legatees shall contribute for that purpose as for an absent or afterborn child under section 2107.34 of the Revised Code.
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T

tranquility

Senior Member
I am uncertain as to why three witnesses were needed. However a quick look had this (with references) from Basic Requirements for a Last Will and Testament in Ohio

I don't know if it's good law, but with the references, you could look it up yourself.
No person under eighteen (18) years of age shall witness a Will. (See Section 2107.06) Generally, it is recommended that the witnesses to the Will be “disinterested”, which means that they are not a beneficiary of the Will. In Ohio a gift to a witness who is one of only two witnesses is void. An exception is if the interested witness would be entitled to an intestate share if the testator died without a Will. Then, the witness may take the gift up to the value of their intestate share. (See Section 2107.15)
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