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mahesan (Advocate)     13 October 2017

Prove the will

will attestor died. identifying witness only examined. will is valid or not


 5 Replies

Siddharth Srivastava (Advocate)     13 October 2017

As per evidence Act minimum one attesting witness is required to prove the WILL.

manoj   13 October 2017

when identifying witness examined , your will is proved as per the supreme court guidelines




Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 October 2017

 If the witnesses are unavailable, it can lead to delays and added expense for the heirs and the executor.

To anticipate the potential problems, “self-proving affidavits” are often used. They are statements signed by each of the witnesses under penalty of perjury, generally right after the Will is executed and witnessed, that the person making the Will did, in fact, sign it, appeared to be of sound mind, and was signing the Will freely. (In some states such statements must be signed before a notary public.) Your witnesses won’t have to testify as to your will’s validity when you die, for the affidavit speaks to the will’s validity and serves as extra insurance that they witnessed your signature. This “Self-Proving” Affidavit also avoids problems that may arise if the witnesses cannot be located.

Shiddhartha Banerjee   15 October 2017


As the attesstating witness is available and he can be examined to prove the genunity of the Will.


mahesan (Advocate)     20 September 2019

already suit decreed against will holder. will executed infavour of the defendants. will attestors died 10 years back. hence previous councel ezamined identifying witness only. hence lower decreed the suit against the defendants and will lower court stated that will not proved with the attestors. appeal.also files. hence i want advice

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