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Fegreus & Broderick, LLP

21 Custom House Street, Suite 480
Boston, Massachusetts 02110
t: (617) 737-9100 | f: (617) 737-9123
info@fegreuslaw.com

A recent Probate and Family Court Judge found that A recent Probate and Family Court Judge found that a husband could serve as a witness of his wife’s signature on a jointly-written Will. 

Under typical circumstances, a beneficiary named in a Will – which often includes a spouse – is prohibited from serving as a disinterested witness required for valid execution. 

However, under the unusual facts of this case, where a couple drafted their own joint will without an attorney and witnessed each other’s signatures, the Judge found that they were each in effect witnessing one-another’s signatures and upheld the validity of the Will, but only after much litigation. 

As the prevailing attorney mentioned to Lawyer’s Weekly, “This entire situation would never had occurred had they gone to an attorney and had a codicil written with two disinterested witnesses and a notary in a law office.
You don’t have to accept inherited property. Some You don’t have to accept inherited property.

Some beneficiaries choose to decline it due to financial concerns, responsibilities, or because someone else may benefit more. However, disclaiming property must follow strict rules, including a deadline typically within 9 months.

Fegreus & Broderick, LLP can help ensure the process is handled properly and in compliance with the law.
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