Legal Question in Wills and Trusts in Missouri

Valid Witness' to Will/Trust

My mother passed away in Nov 2003 and my father passed away in August 2005. My father had a will on file in Stone County, MO since 2001. It is unknown if my mother had a will or not, I suspect however that any property would have gone to my father following her death.

Question concerning whether it is lawful for the Executor of the Will and Trust can also serve as a witness. I understand that in some states, persons benefiting from the Will and/or Trust can not be witnesses. I suspect this is to prevent undo pressure/coercion. As it is the case of my fathers will and the trust, my brother and his wife are the witnesses. Both will benefit from the distribution. On the other hand, due to my being estranged from my family, I have been politely deleted from the will. Words to the effect, '' I have conciously left--name removed--from this will.

There are 5 siblings and I am the only one excluded. All due primarily from actions of my siblings causing me to stay away from them to ensure our parents were not unduly upset. Is it possible that by them being witnesses that Missouri prohibits them from being beneficiaries? Thank You.


Asked on 11/04/05, 5:28 am

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Valid Witness' to Will/Trust

Missouri does not have an absolute prohibition of beneficaries to be witnesses of the will that benefits them. However, the fact that it excludes their sibling, can be used to give the appearance of impropriety of the execution of the Will. If you feel that your exclusion was not your father's intention, you should hire an attorney. You may be able to contest teh will, but you only have avery short time to do that. your time is quickly running out.

Good Luck

Read more
Answered on 11/09/05, 10:15 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Missouri