• Validity of Will not signed before witnesses

Thank you for your time. Could you advise me the legal validity of a Will which was not signed by testator before witnesses? In this particular case, the Will was signed at separate locations by each witness without the presence of the other witness but in presence of the testator and his wife. The testator also did not sign the Will before them.
Asked 8 years ago in Property Law
Religion: Hindu

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12 Answers

the will is valid

2)it is not necessary that 2 witnesses should sign the will in presence of each other

3) if testator inform s the witness that he has signed the will and witness signs the will as attesting witness the will would be valid

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

if testator was not of sound mind at time of execution of will you can object to grant of probate

2) file affidavit opposing grant of probate . it would be converted into testamentary suit

3) you have to prove that testator was not of sound mind at time of execution of will

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Well,if that is so then the Willis not validly executed.

2.So to invalidate this Will the witness will have to testify on this after which the court will declare the Will is null and void.

3.The mental frailness of the testator further makes the Will executed under suspicious conditions.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

The testator ought have signed the will before the witnesses. If the witnesses are on your side and open to depose this fact in the Court, you may take your chance by way of filing a suit for cancellation of this will..

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hi, if the WILL is not signed in the presence of witnesses then there is a possibility that it may have been made under coercion .. You can challenge its validity in court

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

There is no limitation to apply for Probate of the Will.

At The time of application for probate the notice is to be issued upon all the legal heirs of the testator.This is mandatory.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

There's no time limitation prescribed.

Yes, notices will be issued, besides a paper public and Gazette Publication as well.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

There is no limitation for applying for probate

2) if probate is applied for you can oppose grant of probate

3) if you object to grant of probate it would be converted into testamentary suit

4) if probate is obtained by suppression of facts you can take legal proceedings for revocation of probate

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

After signing of the Will by testator, the will should be attested by two or more witnesses. Each of the witness are required to see the testator sign or affix his mark to the will or see some other person sign the will, in the presence and by the direction of the testator. Also, the witnesses can receive from the testator a personal acknowledgment 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, and no particular form of attestation is required.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The above information was provided to me at a later date by both witnesses who signed the Wil about a year ago. The presence of a Will has been kept secret from me but was revealed by the witnesses who feared that it was signed by testator in a weakened mental state brought on by advanced age of 80 plus years, failing health and increasing symptoms of senility.

The attesting witnesses should depose this evidence before court of law and the court will decide to declare the will as invalid on the basis of the deposition of the attesting witnesses.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Is there a time frame from the date of death of the testator for the Will to be probated or executed? How long can the Will be kept pending? Will notice be given to all legatees if Will is probated by one of the legatees without the knowledge of the others?

The probate applicatiion can be filed after getting the knowledge of the existence of a will.

The other legatees are to be issued with notice for the probate case.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

there is no time limit for filing probate, this has been held by various High Courts and yes the notice will be sent to all the legal heirs.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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