can a beneficiary in a will also be a witness to the will in Idaho

I have left a gift to a friend whom I also want to be a witness to the Will. Is
it legal in Idaho?

Asked on January 23, 2018 under Estate Planning, Idaho


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A beneficiary can also be a witness to a Will. However, while this is legal, it is not advisable. The fact is that the witness to a Will should be a completely disinterested person so as to avoid any future Will contests. The general rule is that a bequest to the witness/beneficiary is void if that witness’s testimony is necessary to admit the Will into probate. 

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