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Author Topic: Witness of Will  (Read 751 times)

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Offline durgabalaji343

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Witness of Will
« on: September 11, 2015, 06:42:56 PM »
Dear all,


Who can be the witness in a Will?
 
1.I am the son of the Legatee, can i be one of the witness?
2. In blood relation of Legatee, who is having eligibility to act as witness?

What is the role of Witness while executor executing the Will?


please provide me explanation.


Thank You

Offline adv.amarnath

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Re: Witness of Will
« Reply #1 on: September 11, 2015, 11:22:21 PM »
Anyone can be the attesting witness of a WILL save and except Beneficiaries and executor of the WILL. Hope you got the answers of both queries.

Your third question is absurd...
Executor never executes WILL. Testator makes WILL. Executor is the person who takes responsibilities to execute the WILL by taking Probate from the court.

The word Witness itself says its role. To make it more clear, the two witnesses have to give evidence before court (at the time of getting probate) that they have seen the testator to executing/ signing the WILL in presence of them and they know this is the testator's signature and there were no coercion while executing the WILL by the Testator......

For further clarification and advice in detail, who can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline durgabalaji343

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Re: Witness of Will
« Reply #2 on: September 12, 2015, 08:06:17 PM »
Thank you very much Amarnath sir.

Actually my grandmother is willing to write a will, in this she is going to mention legatee as my mother and my uncle( my grandmother own son and daughter) . And she wants to mention in the Will that if the legatee is not present the will applies to their heirs i.e, to me and my own sister and also to the heirs of my uncle.

Now my question is that "as we are not direct beneficaries can me and my sister( or her husband) act as witness for the proposing will?"

Plesae answer this question also sir. I am stuggling with this doubt.

Offline adv.amarnath

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Re: Witness of Will
« Reply #3 on: September 13, 2015, 08:28:01 AM »
It will be doubtful in future as if the beneficiaries died in the mean time then as per her WILL you and others will be the beneficiaries. Therefore to avoid complication don't be witness your sister's husband has no obligation. If you are married then put your wife as witness.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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