Doctor certificte of letter head for will purpose
Tipsy
(Querist) 09 April 2013
This query is : Resolved
IS DOCTOR CERTIFICATE OKAY FOR WILL PURPOSE
DOCTOR CERTIFICTE OF LETTER HEAD
This is to certify that _________have signed her will in my presence and she is of sound and disposing state of mind at the time of signing of the will and she has signed this will after understanding all the provisions correctly
Dr _________________
Guest
(Expert) 09 April 2013
Would you like to clarify the following points:
1) Why did you feel a doctor's certificate for the purpose of will?
2) Has the doctor given this medical certificate as a witness to the will or to testify separately for the will maker to be of sound mind?
3) Whether this certificate is intended to be made part of the will or to be kept separately?
4) If doctor's certificate is intended to be separate from the will, whether the certificate will remain in the custody of will maker, or the beneficiary of the property, or a relative other than the beneficiary, or with some advocate?
Adv k . mahesh
(Expert) 09 April 2013
explain the above points to clarify you doubt
Adv. Chandrasekhar
(Expert) 09 April 2013
MC is not required for the testator to execute the will. If the testator or beneficiary apprehends that "will" will be challenged in future on the ground of medical fitness of testator, then the certificate as suggested by you is enough, subject to doctor's willingness to come to court to depose when such situation warrants. Some people would take the signature of doctor as witness to the will to overcome such problems arise in future.
Tipsy
(Querist) 09 April 2013
Would you like to clarify the following points:
1) Why did you feel a doctor's certificate for the purpose of will?
When I went to Registrar office, they asked for the Dr Certificate
2) Has the doctor given this medical certificate as a witness to the will or to testify separately for the will maker to be of sound mind?
Dr is not the witness, but he is the family Dr
3) Whether this certificate is intended to be made part of the will or to be kept separately?
It is Part of the will
4) If doctor's certificate is intended to be separate from the will, whether the certificate will remain in the custody of will maker, or the beneficiary of the property, or a relative other than the beneficiary, or with some advocate?
It will be Registrar office
Devajyoti Barman
(Expert) 09 April 2013
Asking to medical certificate for registration of Will is really unheard of.
The registrar has no business to ask for such certificate. Law does not prescribe for such requirement.
However for proving Will later on people tend to make Doctors as attesting witness of Will.
Guest
(Expert) 09 April 2013
Observation of Shri Devajyoti Barman is correct. Registrar cannot ask for a separate medical certificate of a doctor. If some doubt appears about the mental state of the will maker, he can however ask for a doctor's witness on the will itself. Moreover, what will be the guarantee that the medical certificate would remain attached with the will, if the will goes to wrong hands? Still further, what is the guarantee that a family doctor would also not have given a wrong certificate to fvour the beneficiary of the will?
Sudhir Kumar, Advocate
(Expert) 10 April 2013
never heard of such certificate. It is for the other party to prove if deceased was mentally ill.
