• Will and testament writing

Can a will and testament be signed by two witnesses who are husband and wife or does it need two people who are not related to each other?
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

it can be signed by husband and wife as witnesses 

 

it is not necessary that they should not be related to each other 

Ajay Sethi
Advocate, Mumbai
94710 Answers
7530 Consultations

5.0 on 5.0

it is not necessary that will be typed on stamp paper 

Ajay Sethi
Advocate, Mumbai
94710 Answers
7530 Consultations

5.0 on 5.0

Anyone can be a good witness to a document such as a Will. The two witnesses can be closely related too.

A Will can very well be handwritten or typewritten on any paper, A4 sheet or foolscape. There is no legal requirement to execute a Will on a stamp paper. Witnesses attest the Testator's signature. As such, there is no need to get the Will attested again.

Swaminathan Neelakantan
Advocate, Coimbatore
2796 Answers
20 Consultations

4.9 on 5.0

It can not be signed by a person who is a benificiary in the will

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Will written on blank paper is valid. Though it is advised that you get the same registered 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

It could be any 2 persons.No such specific conditions.

The witnesses will be called for testimony during the probate to prove the genuine nature of the WILL.

So it i advisable that  witnesses  are mentally and physically fit to survive and depose for the testator

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

1. husband and wife can sign as witnesses so long as they are not named as beneficiaries in the Will

2. there is no restriction that only related persons can sign the Will as witnesses

3. even a rank stranger can attest the Will as a witness

4. no particular legal formality is necessary for making a Will. So it can also be written on a torn piece of paper or on cloth or any fabric

5. the only legal requirements are:

the Will must be signed by the testator in presence of 2 witnesses

the testator while signing the Will must be in sound state of mind

the 2 witnesses must see the testator sign the Will and they must also attest the Will by signing in presence of the testator

it is not necessary that the 2 witnesses must remain present together while the testator signs his Will

Yusuf Rampurawala
Advocate, Mumbai
7510 Answers
79 Consultations

5.0 on 5.0

Dear Client,

Any person can be witness and they must be reliable, so certainly they will be relative only or close friend.

Will dose not need registration and executable on plain paper. Duly execution is must, clear language, bequeath must be certain etc. 

Get it notorised at least but not compulsory.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

It is better to be signed by two independent persons not directly related to the testator

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Wife and husband can be signed as witnesses. 

except beneficiary Any one can.  

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

the will in white paper is valid provided signed by the testator and witnessed by the two witness.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes the husband and wife can sign a will. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No stamp duty or paper is required for will it can be written on plain paper. It can be registered or notarised after witness sign it.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Get the WILL drafted by a lawyer and get it registered .

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

1. It can be signed by husband and wife, there is no law which says that attesting witnesses cannot be husband and wife.

2. A will can be drawn up even on a plain paper. It does not have to be on a stamp paper. It has to be attested by two attesting witnesses.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The attesting witnesses should not be the beneficiaries or even related to the beneficiaries.

If you confirm this then there is no legal infirmity in it.

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

A Will can be written on a plain paper also.

It need not be attested by anyone.

It need to be signed by the testator on all pages along with the attesting witnesses and the scribe also needs to sign in the last page.

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

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