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Neeraj   28 May 2021

Witness for will

Hi,

1.Who can be witnesses to a Will?

- Can the benefactor and the testator be the witnesses for the will ?

2. Also, is there a prescribed format for a Will ?



Quick Summary
This discussion clarifies who can act as a witness for a will. Generally, any adult of sound mind can be a witness, but the testator (the person making the will) and beneficiaries cannot. There isn't a strict format for a will, but it must state the testator is of sound mind and acting without pressure. A will only takes effect after death and can be revoked or amended. In-laws can serve as witnesses, even if the benefactor is your spouse.

 4 Replies

Sankaranarayanan (Advocate)     28 May 2021

you can consult local lawyer , the lawyer will give you draft of the will, the witness should be third party and better be young age 

kavksatyanarayana (subregistrar/supdt.(retired))     28 May 2021

1.Any major with a sound mind can sign as a witness.  And the testator/beneficiary cannot sign as a witness.  2. No prescribe formate. But the testator shall mention that he is executing the will with a sound mind and without any pressure.  And the Will shall come into force only after his death and he has a right to cancel/revoke/codicil the will.   Consult a local Document Writer or a lawyer who drafts the documents.

Neeraj   30 May 2021

Thanks Sir for your response. Incase the benefactor is my wife, can the witnesses be my in-laws?

kavksatyanarayana (subregistrar/supdt.(retired))     30 May 2021

yes.         They can.


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