Will
CHINTU PATRO
(Querist) 23 February 2013
This query is : Resolved
Thanks.
Kindly advise can a hand written document written not in presence of any lawyer can be consider as will.
prabhakar singh
(Expert) 23 February 2013
Thanks.FOR WHAT?
Post it in old thread.Every thing about a will was told to you.
In instant query it is not a WILL even if written before a judge unless the very judge along with one more agrees to attest the signature of testator by putting his signature in presence of the testator.
The presence of any lawyer or doctor or other personality is not the legal requirement but attestation of will by 2 witnesses by putting their signature there on is the legal requirement.
It is another case if attesting witnesses are advocates and doctors and not beneficiary in the will,the court shall give due weight to there evidence,that testator was physically and mentally fit at the time of writing his will.
Anirudh
(Expert) 23 February 2013
There is no requirement that any lawyer should be present when a Will is being written or executed.
A WILL wholly written in the handwriting of the Testator is called Holograph Will. The law makes a great presumption in favour of the genuineness of a Holograph Will for the very good reason that the mind of the testator in physically writing his own Will is more apparent in a holograph Will than where his signature alone appears to either a typed script or to a script written by somebody else.
But the Will is required to be attested by two Witnesses.
R.K Nanda
(Expert) 23 February 2013
YES, it can be consider will if it have 2
witnesses signatures also on it.
