Q: can a spouse of a beneficiary be a witness on a will in oklahoma?
my daughter is the beneficiary and her husband is the potential witness.
A:
I would not have a person related to a beneficiary of will be a witness. Title 84 Section 143 - Bequest to Subscribing Witness Void
Cite as: O.S. §, __ __
All beneficial devises, legacies or gifts whatever, made or given in any will to a subscribing witness thereto, are void unless there are two other competent subscribing witnesses to the same; but a mere charge on the estate of the testator for the payment of debts does not prevent his creditors from being competent witnesses to the will.
Section 144 says:
If a witness to whom any beneficial devise, legacy or gift, void by the preceding section, is made, would have been entitled to any share of the estate of the testator, in case the will should not be established, he succeeds to so much of the share as would be distributed to him, not exceeding the devise or bequest made to him in the will, and he may recover the same of the other devisees or legatees name in the will, in proportion to and out of the parts devised or bequeathed to them.
In short not a good idea. But may not be fatal if already done.
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