Writing a will
MADHUSUDAN G R
(Querist) 25 January 2018
This query is : Resolved
1. Can an executor be an attesting witness too in a will?
2. Can a testor give groundfloor to one son and first floor to another son in a will?
Vijay Raj Mahajan
(Expert) 25 January 2018
1. Yes.
2. Yes.
So long it's the self owned property of the testator, after his death, he can give it to anyone and any portion as he do desire.
Advocate Bhartesh goyal
(Expert) 25 January 2018
Yes, executor may be witness but better to avoid any controvers have independent witness.Testator can bequeath one portion/floor to anyone person and another portion/floor to other as per his wish.
N.K.Assumi
(Expert) 26 January 2018
Regarding executor as a witness, I have a doubt. Execution of a document is one thing and the attesting of it is distinctly different, as one follow the another in sequence. More over, admission by the executant of the signature on the document does not dispense with the proof of its attestation as mandates by law. Accordingly, I am of the view that executant cannot be the attesting witness.
Sri Vijayan.A
(Expert) 26 January 2018
Executor can be a witness. However, it is advised to have another person as witness to avoid problem at a later stage.
Testator can give his property as mentioned in the question.
Regarding the executant and executor:
Both are different. Executant is the person who made the document and Executor is the person who executes the terms contained/ directed in the document. As such, Executant can't become the witness and Executor can become the witness.
Thank you.
A. Sri Vijayan
N.K.Assumi
(Expert) 26 January 2018
I agree with Sri.Vijayan.A, and stand corrected. Executor represent the testator, who appoint him for execution of his will as "legal personal representative" of the deceased, while the executant makes the documents.Under TPA transfer is always inter vivos, but will speak from the death of the testator. The law of wills does not spell out the mode how the will should be attested, to give sanctity to the will of the deceased testator. However, it is always wise that will be attested by an independent witnesses. other than the executant or the executor.The rest I agree with all the above experts legal opinion.
Kumar Doab
(Expert) 26 January 2018
The testator can appoint executor.
Executor can be witness.
It is better to appoint independent witnesses…
The (valid) WILL has to be in accordance with provisions of law....
If executor is also witness IT is not a defect...
The testator can bequeath one floor to one beneficiary and 2nd to other beneficiary………
The testator can mention boundaries ……….while disposing his/her self earned/acquired estate/property….
The last wish of testator in valid WILL is supreme….
