it can be signed by husband and wife as witnesses
it is not necessary that they should not be related to each other
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?
it can be signed by husband and wife as witnesses
it is not necessary that they should not be related to each other
Can a will written on a noraml A4 sheet be considered valid or should it be written on a stamp paper?should it be attested by anybody after the witnesses signing it?
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.
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
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
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.
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.
Get the WILL drafted by a lawyer and get it registered .
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
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.
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.