Succession Act 1965 section 83

Creditor attesting will charging estate with debts admissible as witness

Section 83 confirms that a creditor (or their spouse or civil partner) whose debt is charged against an estate by a will may still serve as a valid witness to that will.

• A will may direct that debts owed to specific creditors are to be paid out of the estate.
• If such a creditor, or their spouse or civil partner, witnesses the signing of the will, their role as witness is not invalidated.
• The creditor remains eligible to give evidence to prove that the will was properly executed.
• The creditor may also give evidence as to whether the will is valid or invalid.