Handwritten (holographic) will without witnesses
Moulder
(Querist) 02 March 2015
This query is : Resolved
We all know that as per the law the Handwritten Will has to be signed by the 2 testing witnesses.
But again the question arises that if a person in his full senses has written a will in his own handwriting (signed every page) and also mentioned that "if anything as per law, I am unable to fulfill, I apologize!...." and also gave valid reasons for it (reasons that can be proved, handwriting, intention can be proved as they were Real and Valid).
Can't this Will be taken as a ground proof for the beneficiaries to claim their rights (as per the wishes of the deceased) ? Does court only strictly follows the statutory compliance defined and not the intent of the deceased?
Is there is any scope for a learned lawyer be able to fight the case on this very ground?
Please advice! and Thank you in advance for your time.
Anirudh
(Expert) 02 March 2015
Please indicate whether there is anybody who will oppose the WILL?
Moulder
(Querist) 02 March 2015
@Anirudh,Thanks!
YES, the people who do not benefit from it. They say we don't accept this Will as Court needs 2 witnesses to prove a Will (although they all know that the it has been written by the deceased).
R.K Nanda
(Expert) 02 March 2015
repeated query after 1 year.
Anirudh
(Expert) 03 March 2015
It is true that even holographic wills require attesting witnesses. But you have to try. If the court gets convinced about the will, it may even probate it in your favour. But the matter will get settled finally only at Supreme Court stage and certainly not at any lower level.
ajay sethi
(Expert) 03 March 2015
it is necessary that there should be 2 attesting witnesses to the will . affidavit of AW has to be filed for petition seeking probate . further evidence has to be led of AW that testator signed will in his presence .
court wont grant you probate on the will executed by testator
Rajendra K Goyal
(Expert) 04 March 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Handwritten-will-without-witnesses-385351.asp#.VPaqRnyUePw
T. Kalaiselvan, Advocate
(Expert) 06 March 2015
I agree with the experts that the Will without being attested by witnesses shall be considered as invalid in the eyes of law though you can prove the intent of the testator. The testator not being alive now, he question of his intent will be under cloud if the same was not attested by witnesses who witnessed the execution of the same.
