Can a Witness benefit under a Will ?

No, a Witness cannot benefit from a Will. Any gift to the witness or spouse of the witness will be void under Section 9 of the Wills Act. It is important that a beneficiary under a Will should not witness the Will. A Will is however valid notwithstanding that it is attested by a beneficiary or a beneficiary’s spouse, if the Will can be duly attested without the attestation of such beneficiary or beneficiary’s spouse. In other words, witnesses to a Will and their spouses can benefit under a Will provided there are 2 other witnesses who are not beneficiaries of the Will.