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No. An executor, onced appointed by the court, has complete and uninhibited access to the decedent's assets. Therefore the executor derives some benefit from the will and should not be a witness. If the other witness should be unavailable to testify regarding an objection to the will the executor as the sole available witness would cause the will to be exposed to challenges.
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∙ 14y ago
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Can an executor be a witness on a will in New York?
As a rule, the executor of a will in New York can be a witness but in most cases it will void any benefits to the executor.
Can my sister as the executor be a beneficiary?
No. Only the court can appoint an executor. You could petition the court to name your sister as co-executor but make certain you provide a good reason to support your request.
Can the executor also notarize the will?
You don't notarize a will, you notarize a signature, such as witnesses to the will. Yes, in most places an executor can be a witness and have their signature notarized. There are sometimes problems when a beneficiary is also a witness.
Can my primary beneficiary be executor?
Yes. However, they should not be a witness to the will.
Can a witness be the executor as well?
In the UK: Yes. Provided they have nothing to gain from the Will.
In the state of Virginia can an executor also be witness to and beneficiary of a will?
Being named the executor and the beneficiary, and then signing as the witness would leave the will vulnerable to challenges. A beneficiary is often named as executor in a last will. Generally, you should not be a witness or notary of any written instrument from which you will benefit. However, in Virginia it may be legal according to the following section: § 64.1-51. Interested persons as competent witnesses. No person shall be incompetent to testify for or against the will solely by reason of any interest in the will or the estate of the testator. You should check with an attorney in Virginia who specializes in probate.
Will named you as executor but living trust for the house has no executor named Am I still the executor?
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
Can someone make you pay something for someone who has died and all they have is a piece of paper with no notarization or witness signing?
The estate is supposed to resolve all debts. The executor will have to determine if it is a valid debt.
What is the difference between co-executor and independent co executor?
What is the difference between an independent co-executor and a co-executor
Can an executor be beneficiary of a will in CT How can an executor be removed by an heir?
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
Can wife be executor of will?
Yes. A spouse can be named as executor of a will. A spouse can be appointed by the court if there is no named executor or the named executor cannot serve.
When a will is set up or changed does the executor have to sign the will?
The executor does not have to sign the will. They don't even have to know there is one or that they are the executor.
