Can a scribe/writer of Will be a witness?

Clayton Mendonca (Querist) 19 February 2010 This query is : Resolved
An advocate drafts a Will as per what is said by the testator.

My two queries are:

1) Can this Advocate be one of the two witnesses for attesting the Will?

2) If an Advocate who has drafted a Will also signs as one of the witnesses, does the Will become invalid?

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Raj Kumar Makkad (Expert) 19 February 2010
1. Yes. Definitely he can be writer-cum witness.

2. No. Will shall not become invalid on the basis of given ground.

ad. creaminall (Expert) 19 February 2010
i agree with mr. rajkumar.
But i also suggest that to avoid the future dispute between the legal heir, it is the best way to get the will register before the registrar.

B K Raghavendra Rao (Expert) 19 February 2010
But the Advocate, whether as a relation or well-wisher, should not be a beneficiary of the will.

Poonam Upadhyay pathak (Expert) 19 February 2010
Agree with above 3 opinions.

Guest (Expert) 19 February 2010
agree with Mr Makkad

Sachin Bhatia (Expert) 19 February 2010
1) Yes an advocate can be one of the two witnesses for attesting the Will.

2) No Will shall not become invalid if it is signs by an advocate as one of the witness.

Clayton Mendonca (Querist) 20 February 2010
Thanks to Adv Raj Kumar Kakkad, B K Raghavendra Rao, Poonam Upadhyay, ajitabh acharya and Sachin Bhatia.

Adinath@Avinash Patil (Expert) 22 February 2010
I AGREE WITH RAJ.

Kumar Thadhani (Expert) 26 February 2010
I AGREE WITH YOU ALL EXPERTS

Clayton Mendonca (Querist) 26 February 2010
Thanks

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