Legal Question in Wills and Trusts in California

Not necessarily. However, although a beneficiary of a will is considered to be competent to act as a witness, he or she really shouldn't do so. Under Probate Code Section 6112(c), unless there are two other disinterested witnesses, a witness who is also a beneficiary creates a situation that�s called �a presumption affecting the burden of proof�. The presumption is that the devise (bequest) was obtained by duress, menace, fraud, or undue influence as these terms are defined under the law. What this means is that the witness-beneficiary has the burden of proving that he/she did not obtain this benefit under the will as a result of using duress, committing fraud or exercising undue influence against the testator (the one whose will is in question) etc. If the witness-beneficiary cannot overcome or rebut this presumption, that witness-beneficiary would only be entitled to that portion of the devise/bequest that he/she would have taken if there was no will.