I live in Tennessee and I am the executor to a will for my grandad. I also was one of two witnesses

Being a witness in TN and an executor is that ok?

Asked on August 30, 2016 under Estate Planning, Tennessee

Answers:

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

Answered 4 years ago | Contributor

A witnes and an executor can be one and the same person. What would be a problem is if a beneficiary served as a witness.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, that is perfectly legal. A witness can also be an executor--there is no law or other legal restriction on a witness also serving as executor. (For that matter, the notary could be executor; or a witness could be notary, if he/she had the right certification.)


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