Under a majority-rule purging statute, how is an interested witness evaluated?

• A. Compare the witness's benefit under the will to what they'd receive under intestacy.
• B. Assume any witness is uninterested if they are a relative.
• C. A witness is always disqualified if named in the will.
• D. The court ignores potential benefit to a witness.

Answer: (A)

The key idea is to prevent an interested witness from profiting more than they would have under intestacy, while still allowing the will to be probated. In a majority-rule purging statute, the court checks how much the witness would receive under the will and compares that to what they would receive if the decedent had died without a will. If the bequest to the witness is greater than the intestate share, the excess is purged so the witness doesn’t gain more than their rightful share. If the bequest is equal to or less than the intestate share, the will can stand with that bequest intact. This approach preserves the testamentary wishes but prevents a benefit to an interested witness beyond what the law would give them without the will.