• Witness to a WIll

Can a legally married couple who are not beneficiaries of a WILL, attest/witness a will? What are the PROS & CONS of this.
Asked 6 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

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11 Answers

they can  be attesting witnesses 

 

2) problem would be if they refuse to cooperate in filing affidavit in testamentary petition for probate of will 

 

3) they may refuse to attend court to give evidence in support of testamentary petition 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

They can attest the will if they are not beneficiary to the same directly or indirectly

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

Yes they can be witness . There is no problem it is legally valid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes. Any person who is above 18 years of age and of sound mind can be a witness to the will.

Pros are that you will actually be present to see whether any misappropriation of the properties of the testator is not done and the said will is not executed under any sort of coercion, undue influence, fraud and miss representation.

Cons are that you might be called to be a witness if any dispute arises letter on with respect to the said will.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

of course they can be attest. anyone else you know who isn't a beneficiary can be a witness, such as a friend, neighbour or colleague. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

no harm in the couple attesting the Will as witnesses

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

Any person above 18 years of age and with sound mind can be witness. Only precaution require, he/she should be trustworthy.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Dear Sir / Madam 

To become a witness of will doesn't have any negative besides the fact that you have to identify during probate or when legally challenged.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

Hello,

There is no cos neither there is any pros. If you at all consider it a con then in case there is a dispute regarding the will in future then you might be summoned in the court to depose .

Regards

Swarupananda Neogi
Advocate, Kolkata
2996 Answers
6 Consultations

Any person who is not a beneficiary to the bequest made in the Will can be an attesting witness to the Will, there is no legal infirmity in it.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Yes any one who is major and have sound mind can attest the will as witness even if they are not beneficiary of the will. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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