Answer to Q #3
A client brings a will to be witnessed. Client asks you to witness their signature. One of the named beneficiaries in the will is your close friend. What is the MOST appropriate action to take?
- Witness the signature, as you are not personally benefiting from the will.
- Explain to the client that you cannot witness the will due to your friendship with the beneficiary.
- Suggest the client finds two unrelated individuals to witness the will.
- Advise the client to seek legal advice before proceeding with signing the will.
Answer: b
Rationale: There must be two witnesses to the signing of a will and all 3 people must be in the same room at the same time and watch each other sign. Witnesses can be anyone who is not a beneficiary of the will.
Additionally, the JP Code of Ethics (Manual section 11.8.1, point 5) emphasizes impartiality, requiring JPs to “disclose any interest or relationship likely to affect impartiality or which might create an appearance of partiality or bias, and refrain from participating in such circumstances”.
Although you would not directly benefit from the will, your close friendship with a beneficiary raises ethical concerns and could be perceived as bias.