Sumit Arya 20 November 2022

Can a related party allowed as witness to the will

My late father wrote his first will in 2006 in which I was given 3/4th share and my elder brother was given 1/4th share. In 2011 all my sisters and brothers forced my father to write a will in which every sister was given 1/7th share and my share got reduced to 1/7 th share but my elder brother share got increased and now he has 2/7th share as per the second will.

Currently my elder brother has filed case in the court to probate the will. Now here is the situation - In the second will both the witnesses are my sister's husband and as I mentioned above all my sisters have share in the will.

Can the husband of my sisters become witnesses to the will ??

Can the second will be declared void on the basis of this ??

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Quick Summary

This discussion explores the validity of a will where a witness is the husband of a beneficiary. While typically a beneficiary cannot witness a will, the situation becomes complex when it's their spouse. The consensus suggests that this could be grounds to dispute the will, as the spouse has a vested interest in their wife's inheritance. However, it's also noted that a will is generally considered valid if it bears the testator's signature and two witnesses, and the spouse acting as a witness doesn't automatically invalidate it.

3 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 20 November 2022

Normally one of the beneficiaries under the will cannot witness a will. In your case it is not the beneficiary herself but her husband. As the husband also has an interest, in what his wife would come to possess, certainly you can dispute the will, especially if you have the original will.

Advocate Bhartesh goyal (advocate) 20 November 2022

As per law second will of your father can not be said illegal and invalid.Said will bears the signature of your father and two witnesses that makes will perfect and valid.Merely your sister's husband have witnessed the will does not invalidiate it.