An interested witness remains competent and may testify to the will's validity. If the interested witness is also an intestate distributee, what happens?

• A. The witness would take either the intestate share or the disposition, whichever is less.
• B. The witness is barred from any bequest.
• C. The witness takes the greater of the intestate share or the bequest.
• D. The will is invalid.

Answer: (A)

When an interested witness tests the will’s validity, the law allows the testimony but prevents the witness from taking more than they would have received without the will. If that witness is also an intestate distributee, their bequest under the will is limited to the lesser of two amounts: the intestate share they would obtain if there were no will, or the amount specified for them in the will. In other words, they get min(intestate share, bequest). If the bequest is larger, they only get the intestate share; if the bequest is smaller, they get the bequest. The will remains valid, and the only effect is that the devise to the interested witness is capped to avoid duplicating their potential inheritance.