What qualifications do witnesses of a will need to meet?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Witnesses to a will play a crucial role in ensuring the document's validity upon the testator's death. For a will to be legally executed, witnesses must meet specific qualifications to safeguard against potential fraud and undue influence.

In this context, witnesses must be competent, meaning they have the mental capacity to understand the nature of the act they are witnessing. Moreover, to maintain the integrity of the will, witnesses should not be beneficiaries. If a witness is also a beneficiary, it could create conflicts of interest and questions about the influence of that witness over the testator. Having a disinterested witness—one who stands to gain nothing from the will—helps to uphold the testator's true intentions and serves as a safeguard against any allegations of coercion or manipulation.

While some jurisdictions have provisions allowing competent beneficiaries to serve as witnesses, the best practice remains that they should not be beneficiaries to avoid any appearance of impropriety. This principle is fundamental in maintaining the administration of justice and the trust placed in the testamentary process. As a result, ensuring witnesses are both competent and non-beneficiaries aligns with these principles, making this answer correct.

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