Can A Beneficiary of a Will act as a witness to the Will?
In Massachusetts, if a beneficiary (one that receives a benefit) of a will acts as a witness then the will shall still be valid. However, the witness will not be able to take any property under the will. The reason for this is that a witness may not be completely truthful in their statements regarding the execution of the will when they are a beneficiary as well.
For example, if you have your wife or husband as a witness, he or she may only be able to claim their “spousal share.” Therefore, to avoid any future contests to the will, a witness to the will should not be a beneficiary and should instead be a completely disinterested person.