• Will

My mother wants to make a will. 
(1) Is it necessary to have lawyer present when she will sign the will ? 
(2) Doctor certificate is must for her ?
(3) hand written will is only required or a printed will is also ok ?
(4) after making will, notarision of will is ok ? (as registration is not compulsory)
Asked 3 years ago in Property Law
Religion: Hindu

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21 Answers

All these things are not compulsory. But a will should be written by a lawyer at least so that there is no ambiguity in the text.

Regards 

Rahul Mishra
Advocate, Lucknow
13845 Answers
65 Consultations

5.0 on 5.0

1) it is not necessary to have lawyer present when she signs the will 

 

2) doctor certificate is not a must 

 

3) typed will is better 

 

4) it has to be attested by 2 witnesses 

 

5) notarisation is not necessary 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

If your mother is tough sound mind and there is no question of insane then she can make a in favour of anybody after choice the presence of advocate is not necessary you need to get the will meet on required stamp paper and it should be witnessed by at least two persons after making the bill you can get it registered with the register and probate a person during his lifetime can make any number of Bill which can supersede the previous will if any.

Presence of an advocate is not required but if you want to make the will in a professional way and you need some help it will be advisable to have an advocate present at the time of making the will and for getting it registered and probate

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

1.  It's not necessary to have a Lawyer present when your mother executes the WILL. However 2 witnesses have to affix their signature on the WILL.

2.  Mere declaration of good mental health will suffice. No need for Medical Certificate.

3.  It can be handwritten or typed one.

4.  It's not a must to notarise the WILL.

Shashidhar S. Sastry
Advocate, Bangalore
4343 Answers
258 Consultations

5.0 on 5.0

reply point wise as below -

1. no. The testator has to sign the Will in presence of 2 witnesses. It is not necessary that both the witness have to be present at the same time. 

2. not necessary. However in many cases it is attached to the Will to show sound and disposing state of mind of the testator while making and signing the Will

3. handwritten is also fine. Ensure that the handwriting is legible. If someone else is writing on behalf of and on instructions of your mother, then have an endorsement made on the Will to that effect. However a typed Will is more convenient

4. notary is not compulsory

Yusuf Rampurawala
Advocate, Mumbai
6990 Answers
79 Consultations

5.0 on 5.0

No. Only 2 witness.

No if she is mentally fit.

Printed is advisable and get it notorised if cannot registered.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Two witness will be required when she signs/executes the Will

2. Yes it is mandatory

3. Both is fine

4. Yes notary will do, but registration is always a reliable option (if in future any dispute arises, registered document has more value)

Salome R Dias
Advocate, Vasai Virar
15 Answers

Not rated

1. No presence of lawyer is not required she can sign before the sub registrar office and get same registered.

2. Doctor certificate is not required if she is fit and there is no history of mental condition.

3. Printed will is perfectly fine.

4. Yes you can make a notarised will.though I would advise you to go for registration as it won't cost you much and also the will shall be in record anytime you can ask for certified copy.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0


(1) Is it necessary to have lawyer present when she will sign the will ?
ANSWER: Lawyer or Doctor or anybody else's presence is legally NOT required nor necessary and neither does it make the will any more genuine. HOWEVER Two Witnesses presence and signatures are compulsory.

(2) Doctor certificate is must for her ?
ANSWER: NO. Doctor Certificate is legally NOT required nor necessary and neither does it make the will any more genuine. HOWEVER, IF will-maker is critical /mentally unfit in anyway or finding it difficult to affix signature, THEN only a registered doctor's certificate to that would be required.

(3) hand written will is only required or a printed will is also ok ?
ANSWER: Hand Written is more preferred for authenticating genuineness. However a Pre-Printed Will document is also a legally accepted document.

(4) after making will, notarision of will is ok ? (as registration is not compulsory)
ANSWER: Notary attestation is NOT required at all. HOWEVER, IF will is registered, THEN it is legally authenticated and literally un-challengable.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hello,

1. No,

2. Yes, if she is ailing and old enough which gives impression to the people in general that she is incapable to give valid consent or can take decision then i suggest you to have a medical certificate,

3. Printed will be ok,

4. I suggest you to register it.

 

Regards

Swarupananda Neogi
Advocate, Kolkata
2947 Answers
6 Consultations

4.7 on 5.0

Hello, 

  1. A lawyer's presence is not compulsory while the Will is being signed. However it is advisable to get a lawyer to draft the Will as he can ensure that all legal requirements are adhered. 
  2. If she is above 60 years it is advisable to get a medical certificate to declare her mental and physical fitness to make the Will. 
  3. It can either be handwritten or in print. Either way it needs to be legible. 
  4. Notarisation is not a necessity. Two witnesses must attest the will in whose presence the Testator must sign the Will. 

S J Mathew
Advocate, Mumbai
3408 Answers
175 Consultations

5.0 on 5.0

Dear Sir,

In response to your query.

 

I recommend to you the following answers:

1. No, you do not require a lawyer to be present when she will sign the will. However, two witnesses are recommended, one being a family doctor is also recommended who can certify her mental condition as sound when required. I also recommend that another neutral family friend may be made another witness, but not your close friend or relative. I further recommend that never make scribe (the person who makes the will) a witness to the will as that is the easiest way to make it suspicious.

 

2. No., it is not necessary for a will. Read 1, which is rather effective.

 

3. Printed will is recommended that too may be read to her in video and then asked her to sign. That will make it bulletproof.

 

4. Notarisation is not important rather Registration is important, But, you may not require a lawyer for it an assistant who knows documentation work is sufficient who may charge miserly 500-1000 Rs.

 

Hari Om.

Aditya Khamparia
Advocate, Jabalpur
8 Answers

Not rated

1. No, as per law , lawyers presence is not mandatory , but the presence of two witnesses are necessary. 

2. No, If her mental condition is well at the time of signing the WILL , then doctors certificate is not required.

- She should declare in the WILL , that she is executing this WILL without any force , coercion from anyone , and her mental condition is sound . 

3. Better option is Typed , but a handwritten WILL , specially in her handwriting is also sufficient . 

4. Registeration or notarization of a WILL is not mandatory for a WILL , but for the sake of any challenges in future , you can registered the same . 

Mohammed Shahzad
Advocate, Delhi
10269 Answers
123 Consultations

5.0 on 5.0

1. Not necessary but preferable good

2..No unless party is in  deathbed and not in the position attend to SBO

3. Any thing no condition either printed or hand written but duly signed and 2 witness 

4. No need notarized. Will valid either registered or in registered 

5. 

P. Gnanam
Advocate, Ambattur
18 Answers

Not rated

Your mother can make a WILL... Lawyer is compulsory, it's better if printed and mother is old than doctors certificate is compulsory.

 

If registered WILL than it will good because at the time of probation beneficiary will not face much trouble.

Ganesh Kadam
Advocate, Pune
12418 Answers
192 Consultations

4.9 on 5.0

1.  It is not necessary for a lawyer to be present while she is preparing or signing the Will.

2.  If she is mentally alright and able to sign instead of keeping her thumb impression on the Will, then there is no necessary for a doctor's certificate.

3. Anything which is proper in the eyes of law shall be legally enforceable.

4. Even notarisation of the Will may not be necessary or essential.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

1. Lawyer is not required to be present while signing the will.

2. Doctor's certificate is also not a condition precedent to make a will.

3. The will has to be attested by two attesting witnesses.

4. Hand written will is a remedy for disaster.

5. Get a flawless will drafted from a lawyer and then get it registered,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator, presence of lawyer not required. 

A medical certificate is not needed for proof of execution of a Will. 

When preparing a will, most states require the following elements:

The testator is at least 18 years old and of sound mind. 

The inclusion of a statement that the document is the testator's will. 

The will is typed or computer-printed, except in the case of a handwritten will. 

The will must have at least one provision that disposes of property or a provision that appoints a guardian for minor children. 

The appointment of an executor; and

The testator and at least two witnesses signed the will. 

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

No lawyer is not necessary but witnesses necessary. 

Doctor certificate is not necessary but advisable. 

Handwritten is ok 

Notarisation is ok but registration is good

Prashant Nayak
Advocate, Mumbai
28054 Answers
93 Consultations

4.4 on 5.0

Dear Sir,

(1) Is it necessary to have lawyer present when she will sign the will ? 
Ans: Not necessary. but it is better to have lawyer.

(2) Doctor certificate is must for her ?
Ans: Not necessary, but it is better to have the certificate

(3) hand written will is only required or a printed will is also ok ?
Ans: Any one, but it is better to have printed one

(4) after making will, notarization of will is ok ? (as registration is not compulsory)
Ans: If it is notarized it will not strong. Registration is the best method.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

No it is not necessary to have lawyer presence while making the will. 

Doctor certificate will be needed if she is suffering from some mental desease.

It doesn't matter the will is hand written on printed.

it is not mandatory to register the will as per registration act but will should be signed in presence of atleast three witness and signature of witness must also be taken on the will. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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