Attesting or Witnessing a Will in India

Will is an important legal document that must be carefully executed to ensure it is valid. Wills under the Indian Succession Act are required to have a minimum of two witnesses attesting the Will, in addition to the signature of the testator (the person writing the Will). In this article, we look at the regulations pertaining to attesting or witnessing of a Will in India.

Signing of Will by Testator

The person creating the Will (Testator) must sign or affix his mark to the Will or have the Will signed by some other person in his presence and by his direction. The signature of the testator or the person signing on behalf of the testator must be placed in such a way that it appears that it was intended to give effect to the writing as a Will.

Signing of Will by Witness

After the testator signs, the Will requires an attestation from two or more witnesses. Each witness requires to see the testator sign or affix his mark to the Will or see some other people sign the Will, in the presence and by the direction of the testator. Also, the witnesses can receive from the testator a personal acknowledgement of his signature or mark, or of the signature of such other person and it would be valid. Finally, each of the witnesses must sign the Will in the presence of the testator. There is no requirement that more than one witness should be present at the same time. It also does not requires attestation of the particular form.

Inheritor Witnessing Will

As per the Indian Succession Act, an inheritor mentioned in the Will or his or her wife or husband cannot be a witness to the Will. However, a Will witnessed by an inheritor mentioned in the Will would continue to be valid, expect the property would not pass on to the inheritor witnessing the Will. Hence, it is important that any person mentioned as an inheritor or beneficiary in a Will not witness or attest the Will.