Interested Witness Statute

Question 1

Is the validity of a will affected if a will beneficiary is also an attesting witness?

Answer 1

Validity not affected.

Question 2

The bequest to the beneficiary who is also a witness is void unless what happens?

Answer 2

1) Supernumerary rule, at least 3 witnesses and two non beneficiaries sign the will so the witness-beneficiary is not needed to admit the will to probate OR
2) Prior interested beneficiary intestate beneficiary of testator.

Question 3

If the Supernumerary rule or prior interested beneficiary rule apply, which bequest amount is taken?

Answer 3

Whatever is less rule, witness beneficiary takes the lesser of a bequest under the will or intestate share.