- As per law, a person making the WILL should have the testamentary capacity, sound disposing mind, knowledge of contents of the Will, Free from undue influence/ fraud/ coercion, and the making of a Will should be a Voluntary act.
- Further the conditions for making a valid WILL are :
1. The testator should sign or affix his mark (e.g., thumb mark),
2. The Will must be attested by 2 or more witnesses,
3. The witnesses must have seen the testator sign or affix his mark to the Will; or
4. Received an acknowledgement from the testator that he has signed the Will; and
5. Each witness shall sign the Will in the presence of the testator.
- Further the witness should not be a beneficiary under the Will, and the witness can also be appointed as an executor under the Will.
- Further , a WILL can be made on a plain paper. No stamp paper , and no notarization/registration is required. But it is advisable to get the WILL registered , because in case of registered WILL transmission of properties becomes easy.
- Further, registration of WILL even after death is possible, under section 40 of the Indian Registration Act.
- Since, you wife has left an unregistered WILL , then if there is no objection from any corner , then you can further execute a WILL in favour of your grown upon children , and registered the same to save them from future property disturbances.