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Poomandalam Babu   09 May 2020

Writing a will

what are the rules to write a will. if any witness required or not.
if required, who are signed as witness.


Learning

 5 Replies

Adv Deepak Joshi +917017821512 (Advocate)     09 May 2020

post material facts, this is not a class room

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     09 May 2020

A Will is a legal declaration of the intention of the Testator who is the person( must attain the age of 21 years)making it, with respect to his/her properties, which he/she desires to take effect after his/her death. It is a unilateral document and can be hand written or typed on plain paper and it's registration is optional. In that Will,the Testator has to declare that he is making that Will in his/her full senses having sound mental health without having any kind of pressure of anybody else and the Testator has to mention his/her name, address, age, etc at the time of writing the Will.The testator can appoint atleast one person as Executor /Executrix who will have to apply for probate after the demise of testator.If the testator doesn't appoint any Executor/Executrix in the Will,then after the demise of the testor the beneficiary/ beneficiaries has/have to apply for Letters of Administration of the Estate(the immovable and movable assets of the Testator as specified in that Will) of the deceased Testator.The Testator has to specify his/her intention in respect of the distribution of his/her assets along with conditions,if any,with detailed descripttion of his/her assets .If the Testator is giving  assets to a minor then it is necessary to appoint a trustworthy person as  the custodian of those assets till that minor becomes adult. After making the Will,the Testator has to put his/her signature therein in presence of atleast two witnesses(not the beneficiaries  of that Will) who will certify that the testator himself/herself has signed the Will in their presence.In case of aged Testator,the family physician is required to be one of the witnesses to prove that the testator had sound mental and physical condition at the time of executing the Will.Through codicil,the Testator can effectuate any change in an existing will without executing fresh Will.The Last Will of the Testator will always prevail.  

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     09 May 2020

If the Testator can write his Will in his own handwriting regarding his properties or his interest in anything.  Then he should sign as a Testator and scribe also.  2 majors shall sign as witnesses regarding the Testator is known to them.  or a scribe can also write the Will and he shall sign in the will as scribe only but not a witness.

1 Like

Deekshitulu.V.S.R (B.Sc, B.L)     12 May 2020

A Will is the will of a testators concerning his properties. Testatro writing in his own hand called holograph Will. Will requires attestaion by at least two Witness.  To prove will at least one of the attestors must be examined in a court of law.  Read the relevant provision of Indian Evidence Act

Manogya Chava   13 May 2020

In furtherance to the above stated answers, you may refer to this link for complete understanding of wills and its surrounding concpets https://www.lawyersclubindia.com/articles/writing-a-will-5535.asp


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