Who can be Witness to a Will

Querist : Anonymous (Querist) 16 March 2010 This query is : Resolved
Please answer following queries regarding a Witness of a Will.

1) Does the Witness have to know the contents of the Will?

2) Can a witness refuse to come to Court if Will is probated and one of the legatees objects and questions integrity of the Witness?

3) Can a grandchild to whom the testator has not given any share of his property be Executor of Will?

4) An Executor of Christian Will in Karnataka kept Will hidden for five years after death of testator. When this Will was made public, it was seen that, from the three children of testator, one son was left everything while another son and daughter were left nothing. Can this delay of five years be used to declare the Will as suspicious? The executor was the son of the daughter. Property worth Rs. 60 lakhs. Second son feels that first son and grandchild from daughter have colluded to disinherit him of his Rs. 20 lakhs.

Thanks to everybody.

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adv. rajeev ( rajoo ) (Expert) 16 March 2010
Yes witness should know the contents of the will, because once it is challenged he has to depose what has been written in the will. In a cross examination question will be asked regarding the time, date, who brought you to sign, what are the contents like this.
Yes it can be challenged on the ground that the execution of the will came to the knowledge now like this contentions will have to be taken.

Raj Kumar Makkad (Expert) 16 March 2010
I do agree with rajeev

Kumar Thadhani (Expert) 16 March 2010
How can any one sign any documents without knowing the contents of it.

B K Raghavendra Rao (Expert) 17 March 2010
A witness need not know the contents of the document, here WILL. Witness is a witness to say that the executor has signed the document in his presence. A witness if summoned by the court is bound to appear before the court refusing to do so entails him to be arrested and brought before the court. A grand child to whom the property is not bequeathed can be an executor. Delay in bringing out the WILL would not invalidate it.

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