Signing of a will by beneficiary
Querist :
Anonymous
(Querist) 06 March 2018
This query is : Resolved
Dear Sir,
Can the beneficiaries of a will ALSO sign the will, IN ADDITION TO the signatures of two witnesses, as a proof of the beneficiaries knowing the contents of the will ?
This may help to avoid future disputes between beneficiaries as they may not be able to question the contents of the will in future.
If a testator cannot sign due to physical disability / illness, can he / she affix thumb impression ? Does this require any attestation by extra witness or notory or registrar ?
Thanks
Vijay Raj Mahajan
(Expert) 06 March 2018
Thumb impression duly attested by witnesses stating that the thumb impression of the testator taken in their presence after explaining the contents of the Will and getting her assent for it.
Beneficiaries can also sign the Will however the other heirs of the testator can always challenge the Will.
Probation of Will has to done through civil court after the death of the testator.
SHIRISH PAWAR, 7738990900
(Expert) 06 March 2018
Signature of beneficiary is not required. In your case you already have 2 witnesses so that is sufficient. Thumb impression of testator can attest by same witness in addition to witness to document.
Querist :
Anonymous
(Querist) 06 March 2018
Dear Sir,
Thanks for the reply.
In the above case, the testator has only two legal heirs and both of them are beneficiaries (though not equal beneficiaries). Both the beneficiaries have put their signatures in the will along with two other witnesses, to prove that the beneficiaries know the contents of the will. This was done to ensure that the beneficiaries are not able to challenge the will in future.
Does the will become illegal due to the signatures of the beneficiaries ? Can there be any other problems in future due to this ?
Thanks
Querist :
Anonymous
(Querist) 06 March 2018
Dear Sir,
Thanks for the reply.
In the above case, the testator has only two legal heirs and both of them are beneficiaries (though not equal beneficiaries). Both the beneficiaries have put their signatures in the will along with two other witnesses, to prove that the beneficiaries know the contents of the will. This was done to ensure that the beneficiaries are not able to challenge the will in future. Does the will become illegal due to the signatures of the beneficiaries ? Can there be any other problems in future due to this ?
Thanks
Kumar Doab
(Expert) 06 March 2018
Beneficiary(ies) may be a witness alongwith 2 witnesses as in your query..
The WILL having signatures of Beneficiary(ies) that are also legal heirs may not be invalid…
The testator seems to be a intelligent and reasonable person and advised by a good counsel…
Kumar Doab
(Expert) 06 March 2018
It is mandatory to probate the WILL in the area of Bombay, Calcutta, and Madras.
It is no mandatory to probate the WILL in other areas. It is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
Kumar Doab
(Expert) 06 March 2018
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
The testator and his/her counsel seems to have done sufficing for the WILL being acted upon without any cloud on IT.
Kumar Doab
(Expert) 06 March 2018
Pls post queries with your ID and you can get many replies………Your ID does not mean your name or phone number or email Id and don’t post these…
Post your full query in one new thread with your ID…….
Kumar Doab
(Expert) 07 March 2018
Same Query;
http://www.lawyersclubindia.com/experts/Will-with-signatures-of-beneficiaries-674821.asp
Ms.Usha Kapoor
(Expert) 10 July 2018
I agree wit Vijay Raj mahajan and Shirish pawar.
