Witnesses for the Will...
Querist :
Anonymous
(Querist) 21 November 2010
This query is : Resolved
If one is deciding to have a witnesses to his parents what will you think of the following choices ...
1. LEGAL HEIRS who you apprehend to create problems later on during the execution of the will-- Do having them as witnesses would be easy for the execution of the will or could they create problems later by stating that the executor of the will was not mentally sound or might allege that the will was made under undue pressure or coercion ...
2. YOUNGER PERSON - as an older person has higher chance to die at the time of the execution of the will . So the question is that if the person who is a witness to the will should be alive or does it not matter at all...
Adv Archana Deshmukh
(Expert) 21 November 2010
It is better to have 2 independent witnesses to the execution of the will. Young or old does'nt matter but they should come to testify about the execution of the will, if it is challenged in the court.
Querist :
Anonymous
(Querist) 21 November 2010
Thanks Archana,
I would be obliged if you could give your reasoning behind it ...
Thanks...
Parthasarathi Loganathan
(Expert) 21 November 2010
It is just to establish that the Will is executed by the testator without coercion or undue influence which can be compromised if the witness is not a third party.
R.Ramachandran
(Expert) 21 November 2010
Dear Anonymous,
Normally if witnesses are there for the WILL, it would become that much easier to prove that the will was executed by the person concerned with his own free will (i.e. without any undue influence, pressure, coercion, fraud etc.) and when is of sound mind.
Such witnesses should be independent witnesses and certainly not those who would be benefiting from the WILL. If the witnesses happen to be those who will benefit from the will, then that itself will be a very big reason for doubting the genuineness of the will.
Whenever anybody challenges the genuineness or authenticity of the WILL before a court, naturally if there are witnesses to the WILL, they would be called to depose about the same. Therefore the persons who are asked to sign as Witness to the WILL should be ready to go before the Court and state that the Will was executed in their presence. If they do not go before the court and say so, then there will be difficulty for the court in coming to the conclusion that the WILL was genuine. It is in this context that Adv. Archana had indicated to you that whether the witness is OLD or YOUNG, what is important that they should be such persons who would be willing to go and give their statement before the court about the genuineness of the WILL. Yes, if younger persons (but they should be Majors) are available to be a witness to the WILL, that is preferable compared to the Older persons depending upon their health conditions. It is your choice, the law does not state anything on this aspect.
A V Vishal
(Expert) 21 November 2010
Legal heirs/beneficiaries cannot be witnesses of the will. The remaining part of the query is aptly dealt with by my learned friends.
Querist :
Anonymous
(Querist) 21 November 2010
My Ques. stand there and there -
I am one and the only legal heir which is going to be executed by my parent -
Now is it advisable to have other legal heirs who are not at all beneficiary from the will, but there name is present in the will as other legal heirs who are not given anything OR not.
Pros are they will not be able to to challenge the WILL later as they them selves were witness to the WILL
OR
can they tomorrow create problems saying that the WILL was made by someone with unsound mind or by coercion and undue pressure or not ...
R.Ramachandran
(Expert) 21 November 2010
If the other legal heirs (who are MAJORS) would be willing to be a witness to the WILL where they would not be beneficiaries, it can be taken. But, if later on if they say that they did not sign as witnesses but their signatures have been forged etc., again there will be trouble. Of course, the writing experts etc., would be able to confirm the handwriting, but the will not be recognized so easily. If any body wants to challenge a Will they will definitely do. It is for the beneficiary to prove and come out of the challenge. That is why an independent witness would be more preferable.
Adv Archana Deshmukh
(Expert) 21 November 2010
I fully agree with the detailed reply of R.Ramchandran ji, hope your query is satisfied now Anonymous ji.
