witness of will
8 months ago
My late father executed a registered will in which my wife(spouse of beneficiary) signed as one of witness as asked by my father because one witness could not come due to out of of station somebody was telling that my share in the will ,shall be void due to signing it by my wife however one of my friend told me that it is not applicable for a hindu will. We are hindu family. Please clarify.
A.Technically, any two people can be witnesses when creating a will who should be non-beneficiaries or their close relatives, and preferably younger than the will-maker/Testator in age. As per the Indian Succession Act, 1925, a beneficiary under a will cannot be a witness to the same and hence in the facts of your case, your spouse being a beneficiary cannot sign as a witness in the Will and the same needs to be signed/attested by two or more persons who are not beneficiaries. This is one of the most essential elements of a valid will in India. It is generally recommended that out of two witnesses, one preferably be a doctor that testifies the sound health and mind of the Testator at the time of executing the Will.
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A.Dear client,
Witnesses should be adults, i.e. above 18 years of age. While choosing the witness you must keep in mind that they should survive you as they may need to testify the Will after your death. It is important to ensure that your witness does not have any potential bias or conflict of interest.
Witnesses should be adults, i.e. above 18 years of age. While choosing the witness you must keep in mind that they should survive you as they may need to testify the Will after your death. It is important to ensure that your witness does not have any potential bias or conflict of interest.
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