The testator made a home-made will and had it properly attested by two witnesses. He then asked his two daughters (sole beneficiaries under the will) to sign it to 'make it stronger'. The court held that, under the 1837 act, the daughters had to lose their bequests under the will, as they had also witnessed the will.
This case was clearly unfair, and the parliament acted immediately to change the law. Under the wills act 1968, provided there are two, independent (not a spouse) witness who take no benefit as well as the would-be beneficiaries, the beneficiaries is allowed to take the benefit. Thus in the above case, the daughters would have kept their bequests, because there were two other witnesses who did not benefit from the will.
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