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Richard, Attorney
Category: Estate Law
Satisfied Customers: 53705
Experience:  29 years of experience practicing law, including tax and estate planning.
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Can a sibling and also the person named as executor of a will

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Can a sibling and also the person named as executor of a will sign as witnesses to the will if neither are named as beneficiaries in the will?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Yes. Pursuant to District of Columbia Code Annotated, Division 3 Decedents’ Estates and Fiduciary Relations, Title 18 Wills, Chapter 1 General Provisions, Section 18-104, any person who is credible may be a witness to a will. You would want the witnesses to the will be “disinterested”, which means that they are not beneficiaries of the will, but a will is not made invalid because of an interested witness, but any gift to a witness is void, unless the interested witness is an heir to the testator. The interested witness then must forfeit the portion of the gift that exceeds the value they would have received if the testator had died intestate. But, acting as an executor does not disqualify one as a witness.

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