Hi,
Can some kind soul guide me /advise me whether the will is valid if the witness who signed the will has expired.
Thanks for the help in advance.
kind regards
Hi,
Can some kind soul guide me /advise me whether the will is valid if the witness who signed the will has expired.
Thanks for the help in advance.
kind regards
Vijay Raj Mahajan (Advocate) 23 July 2018
Subash Prabu 23 July 2018
Aks 23 July 2018
First of all, for any Will to have a proper execution, the Will MUST have atleast 3 signatures, one of the testator and minimum two of attesting witnesses. Note, two attesting witnesses are required for a Will to be valid.
If one of the witness has died, its not a problem because if the second witness is still alive then that person can come to court and testify about his signature and testators signatures.
If both witnesses are dead..then Will is proved by other corroborative evidence. So, death of one attesting witness doesnot make a Will invalid.