A will should have 2 witnesses. Can husband and wife be the 2 witnesses?
T. Kalaiselvan, Advocate (Advocate) 04 June 2023
a beneficiary in a Will made by a Hindu, Buddhist, Sikh or Jaina can also attest the Will as a witness and even the bequest made to such witness or to his or her wife or husband will be valid.
as per the provisions of Section 68 of the Succession Act, no person, by reason of interest in, or of his being an executor of, a will, shall be disqualified as a witness to prove the execution of the will or to prove the validity or invalidity thereof.
Niharika Lohan 04 June 2023
Hi Sir, I’m Adv. Niharika and here is my take on your query.
As long as the attesting witnesses are competent, i.e., major and sound mind then there is no bar as per the Hindu Succession Act which would negate a husband and wife being witnesses to a Will.
S.68 of the said act supports this notion, "Witness not disqualified by interest or by being executor—No person, by reason of interest in, or of his being an executor of, a will, shall be disqualified as a witness to prove the execution of the will or to prove the validity or invalidity thereof.”
I’m attaching a link of a relevant article for your convenient reading.
You can reach me at niharikalohanyahoo.com if you have any further questions.
Dr. J C Vashista (Advocate and Legal Consultant) 05 June 2023
Yes husband and wife can be witnesses to the Will.
However, beneficiary of the Will cannot be a witness.
Similarly a person who has conflict of interest cannot be an attesting witness.
Advocate Bhartesh goyal (advocate) 05 June 2023
Yes, both husband and wife can be witness to the will, no restrictions.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 06 June 2023
I thank all learned advocates for their advice.