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PART IIN.I.WILLS

Execution of willN.I.

Gift to witnessN.I.

8.—(1) Subject to paragraph (3), if a witness to a will is a person to whom, or to whose spouse[F1 or civil partner], any property is given by the will (whether by way of gift or by way of exercise of a special power of appointment, but other than by way of a charge or direction for the payment of debts), the gift or appointment is void so far as concerns that witness or his spouse[F1 or civil partner] or any person claiming under the witness or spouse[F1 or civil partner].

(2) Notwithstanding that property is given by will as mentioned in paragraph (1), the witness is competent as a witness to prove—

(a)the execution of the will;

(b)the validity or invalidity of the will.

(3) Witnessing by a person to whom, or to whose spouse[F1 or civil partner], property is given as mentioned in paragraph (1) is to be disregarded if the will is duly executed without his signature and without that of any other such person.