Section 1667 — Witnesses and beneficiaries — incompatibility

Firm annotation

Section 1667 is a major drafting trap. The will is not entirely void if a beneficiary witnesses — only the gift to that beneficiary fails. But the gift's failure may radically change the estate distribution. In firm practice: always confirm witnesses are unrelated to and not beneficiaries under the will. If using a will-prep service that has employees witness, verify those employees receive nothing.