VALIDITY OF A WILL
Querist :
Anonymous
(Querist) 05 July 2011
This query is : Resolved
Does the law of estoppel have relevance to a will ?
If a will has only one witness is it valid ?
A will is signed by three persons - on at the bottom of the left of last page saying signed in my presence, by two persons at the bottom of the right hand - the first one of which being the maker of the will and the second her spouse and beneficiary of the will ( unless of course he expires earlier ) Is this valid will ?
Do the witnesses of a will need to be alive to prove the will ?
Does the withness have to attest cuttings in the will ?
prabhakar singh
(Expert) 05 July 2011
The relevant law is as follows:Indian succession Act:Section63. Execution of unprivileged wills.- Every testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or a mariner at sea, shall execute his will according to the following rules:--
(a) The testator shall sign or shall affix his mark to the will, or it shall be signed by some other person in his presence and by his direction.
(b) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will.
(c) The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.
So i opine that a WILL must be signed by testator in presence of two witnesses and each of those two witnesses must also sign in presence of testator,and witnesses here does not include beneficiary of the will.As regards to formal proof of the document ONLY ONE WITNESS CAN PROVE,BUT if these two witnesses are dead on the date of evidence then secondary evidence is the only option.
Querist :
Anonymous
(Querist) 15 July 2011
Thank You all for the clear reply. I have however a further querry - if a will is signed by the testator, by one witness, and by the beneficiary whose role in the will is not clear i.e. he is making a joint will or is making the signature as a witness. Will the will be valid ?
