Succession Act 1965 section 82

Gifts to an attesting witness, or spouse of witness, to be void

Section 82 provides that any gift or benefit left in a will to a person who witnessed that will, or to their spouse or civil partner, is automatically void, though the witness may still give evidence about the will's execution or validity.

• If a witness to a will (or their spouse or civil partner) is named as a beneficiary in that same will, the gift to them is completely void
• This rule also catches anyone claiming through or under the witness, their spouse, or civil partner
• The voiding applies only to gifts of property and benefits — it does not affect directions in the will for the payment of debts
• Despite the gift being void, the witness can still give evidence to prove that the will was properly executed, or to challenge or support its validity

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