an unregistered will is valid if it conforms to legal requirement of two witnesses who have signed the will in the presence of the testator and the testator has signed the will in their presence. Since in this case there is only one witness the will is not valid.
Unregistered will valid or not
I have an unregistered will in the name of my father written by my grandfather. Even though the will is unregistered and dates back to the year 1987-1988, it is signed by only 1 witness.Also, the property mentioned in the will belongs to my grandfather. Is that will valid? Can it be helpful in my property dispute as well as property disposal?
Asked 10 years ago in Property Law
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5 Answers
registration of will is not necessary
in order for your grand father will to be valid it is necessary that there are 2 attesting witness to the will . the testator should sign the will in their presence . in your case there is only one attesting witness . hence will is not valid
The primary aspect of a WILL to be legally valid is 2 persons attesting witness to the will when the testator signs in their presence. When only one person has signed as witness then it is not a valid Will. Will need not be registered.
A will which is not registered is valid if it is signed by two attesting witnesses. The signatures of attesting witnesses give to a will legal recognition. Since the will of your grand father bears signature of only one witness it is invalid.
