Validity of Wills-- Interested Witness Statute

Question 1

Interested witness

Answer 1

an intestate distributee or Will beneficiary (current or prior) who is adversely affected by the admission of the Will to probate

Question 2

interested witness statute

Answer 2

the validity of the Will is not affected if a Will beneficiary is also an attesting witness, BUT the bequest to the witness is void, UNLESS:

a) supernumery rule– there are at least three witnesses and two are disinterested OR
b) the interested witness would be an intestate distributee, if T died without a will.

In which case, a “whichever is least” rule applies: the witness beneficiary takes the lessor of:

i) the bequest under the will; OR
ii) his intestate share

Purpose of interested witness statute– to avoid fraud