PPC1 Probate & Tax Practice Questions - Law Society Of Ireland Professional Practice Course 1 - Probate And Taxation Exam

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What is the legal effect under Section 82 of the Succession Act 1965 if a testator leaves a pecuniary legacy of €10,000 to an individual who acts as one of the two witnesses to the will?

The entire will is void and the estate will be distributed under intestacy rules. The legacy to the witness is valid, provided the witness is not a relative of the testator. The legacy is void, but the will remains otherwise validly executed. The legacy is valid, but the witness is disqualified from acting as an executor.

Correct Answer:

The legacy is void, but the will remains otherwise validly executed.

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