chrisf 01 April 2015

Holographic will and witnesses dates

I am the executor of my uncle's will. ;He had completely handwritten his will.

The date he wrote the will was eg. 21st oct 2013.

After a week, he personally went to meet - a friend Dr. and asked for to sign as witness.

That same day, later in the evening, he visited his other friend, a retired IT commissioner and asked him to also sign as his witness. The person agreed.

However, the 2nd person added the date next to his sign.. 4th nov2013.

Does the fact that the two witnesses were not TOGETHER when he asked them to sign, a problem to invalidate the will.

Does the fact that he wrote the will on one day and executed it later, invalidate the will !!

Pl help !

Do you have any case at supreme court level that has given judgement on similar circumstances

Reply Follow

2 Replies

chrisf 01 April 2015

The opposite party is claiming the will is invalid

1. As the date of writing the will and the date of witness are different

2. Two witnesses were not present at the same time ...

But this is a holographic will and completely handwritten. The 2nd person has given an affidavit mentioning that my uncle" visited him and requested him" to be his witness !!

Is there still doubt on the veracity

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 30 July 2015

1. Attesting a Signature on a Will means that the Will-Maker affixed his signature before the witness. Hence both the witness have to be compulsorily present at the time to witness when the Will-Maker has put his signature on the will.

2. IF the second witness puts his signature at a later date, that would mean that the second witness was not present when the will-maker affixed his signature on the will. This nullifies the second witness signature and in a way the will is bad in law.

Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: https://hemantagarwal21.blogspot.in/?view=sidebar

1 Like