Legal Question in Wills and Trusts in Texas

if you are a witness to a will can you be listed as a beneficiary.

i understand you can witness the document being drawn up, but i do not know if you can be

a beneficiary.


Asked on 5/04/10, 12:03 pm

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Yes, but it is best not to be a witness if you can avoid it.

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Answered on 5/09/10, 1:08 pm
Bob Leonard Bob Leonard Law Group, PLLC

It is possible, under Section 61 of the Texas Probate Code, that a witnesses bequest will be void if there is no other person who can prove up the will. Because of that, you should never do it.

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Answered on 5/11/10, 2:27 pm


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