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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.