The question
Martin signs his will in the presence of two witnesses, his neighbour Ruth and his nephew Joe, who both sign in his presence. The will leaves £10,000 to Joe and the residue of the estate to a charity.
Which of the following is the best answer?
Show the answer and explanation
The best answer is B: The will is valid, but the gift of £10,000 to Joe fails.
The will meets the formalities in s 9 of the Wills Act 1837: it is signed by Martin in the presence of two witnesses present at the same time, who each sign in his presence. Under s 15, a gift to an attesting witness (or the witness's spouse or civil partner) is void, but the witness's signature still counts and the rest of the will stands.
The Wills Act 1968 would save Joe's gift only if the will was properly witnessed without his signature, which it isn't here, because there were just two witnesses. Joe's £10,000 therefore fails and falls into residue, which goes to the charity.