Querist :
Anonymous
(Querist) 22 March 2011
This query is : Resolved
We husband and wife have made a WILL in which our daughters are joint executor/s. Can we also make them WITNESS as well as we need two witnesses and don't want outsiders for this ? Pl. advice.
adv. rajeev ( rajoo )
(Expert) 22 March 2011
They cannot become the wittness because you have said that daughters are joint executors. Wittnesses should be outsiders not family members.
A V Vishal
(Expert) 22 March 2011
A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator.Under Hindu, Parsi and Christian law, a witness cannot be an executor or legatee. A Muslim is not required to have his Will attested if it is in writing. It would be better if one of the Witnesses is a medical practitioner, but this is not essential. The practitioner should certify that the Testator is of sound mind (especially if the Testator is of an advanced age) and he or she should also note his or her registration number and degree (educational qualification). A Witness should not be a beneficiary of the Will. A Witness should also not be an Executor of the Will.
R.Ramachandran
(Expert) 22 March 2011
Very well advised by Mr. Vishal.
Kirti Kar Tripathi
(Expert) 22 March 2011
I also concur with Mr Vishal's views.
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