Is Dr.s ceritficate neccary ...

Querist : Anonymous (Querist) 15 November 2010 This query is : Resolved
My father is in fit and sound mind but he cant write due to Parkinson Disease ...
He has executed a will by his thumb impression.The ques.is that are these necessary so that there is no problems if someone challenges the Will at the time of its probate ---

1.Is it necessary to have a Dr.s certificate which certifies that he cant sign (as he has put a thump impression) on a document as he has Parkinson Disease or his medical history and prescriptions for last 5 years are enough.

2.Is Dr.s certificate necessary that he is in fit and sound mind.

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Devajyoti Barman (Expert) 15 November 2010
Dr certificate is not required for Will. But if you apprehend that there would be dispute with regard to this Will then make a Doctor and the suspecting heirs as attesting witnesses of the Will. Do not fail to get the Will registered. The drafting of the Will also plays an important part.

Querist : Anonymous (Querist) 15 November 2010
I always had a view that it will backfire if you make the suspecting heirs as witnesses to the will as they could later on create problems by challenging the will by saying that the will was executed with undue influence or coercion
Or
as the executor has Parkinson disease they can easily challenge that the executor was not in sound mind.

I dont have a Dr. who can be witness to the will.

Thanks for the answer ...

s.subramanian (Expert) 16 November 2010
I agree. It is better to take a certificate.

G. ARAVINTHAN (Expert) 16 November 2010
Barman is right

Khaleel Ahmed Mohammed (Expert) 16 November 2010
You are advised hereby to issue a paper publication in this regard through your father about the will, in his life time .

Querist : Anonymous (Querist) 16 November 2010
what do you mean by paper Publication...

Is it advisable to get the witnesses of the other legal heirs, who might create problems later on the execution of the will
or
should they be avoided as they can later challenge that the will for which they gave evidence was made by an unsound mind or was made in coercion ...

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