Medical Certificate before a will..
Querist :
Anonymous
(Querist) 08 December 2010
This query is : Resolved
Hello..
My father is a Parkinson Disease patient and cannot sign but will execute a will by a thumb impression .
I was advised by this esteemed forum that i should get a medical certificate on such lines -
"He cannot sign due to Parkinson Disease and he is of a sound mind and is capable of executing a will"
My ques. are -
1.Is the language of the certificate satisfactory enough.
2.As the Dr. under whom the treatment is going on is in late 60s himself and it could be possible that he himself is not alive at the time of the probate of the will in courts. Will this make any difference during the probate of the will if the will is challenged in the courts.
3.What can be the reasonable gap between the date of the certificate and the date of the execution of the will or the registration of the will as the certificate mentions about the 'soundness of the mind'.Is 2 3 days or a week reasonable time.
Thanks...
adv. rajeev ( rajoo )
(Expert) 08 December 2010
It is not necessary to leave a gap between the certificate and will.
If the will is challenged one of the attesting wittensses is sufficient to depose. It is my advise that if the doctor is one of the attesting wittensses it is better, because he can depose about the health of the testetor at the time of evidence.
Querist :
Anonymous
(Querist) 08 December 2010
Thanks...
My ques. is if the Dr. who has given the certificate is not alive at the time of the probate will the certificate be helpful at the probate proceedings or not ...
