• About creating a will

We r planning to create a will I have few question please help me out.
1) do both the witness need to sign at the same time when testator signs the will?
Or one of them can sign after few days of creating will signed by one witness and testator?
2) do executor need to sign the will ?
3) do holographic will is valid ?
Asked 2 months ago in Civil Law from Chennai, Tamil Nadu
1) both AW can sign at same time 

2) even if other witness signs later and your father informs him that he has appended his signature and witness signs will woukd be valid 

3) no executor signature is not necessary on the will 
Ajay Sethi
Advocate, Mumbai
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Holographic will ie will handwritten by tests or is valid 

It needs to be attested by 2 witnesses 
Ajay Sethi
Advocate, Mumbai
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1. One can sign a few days after the first attesting witness signs it. The will should be registered only after both the witnesses sign it. The witness has to testify that the executor has signed the document in his presence. 

2. If an executor has been appointed he may approach the court for Probate (if mandatory in that part of country)/ The executor is not required to sign the will.

3. A Holograph Will is one which is wholly in the handwriting of the testator. It is legally valid but practically very difficult to prove in the event of a dispute.
Ashish Davessar
Advocate, Jaipur
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Yiu should get the will drafted by local lawyer 

2) the clause should be I give devise and bequeath sum of Rs 2 lakhs to my mother 

3) it is not necessary to mention name  of guardian for the minor beneficiary under your will
Ajay Sethi
Advocate, Mumbai
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mention source from  which Rs 2 lakhs is to be given to your mother 
Ajay Sethi
Advocate, Mumbai
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1. Get the flawless will drafted by a lawyer. Do not opt for copy paste formats as they run into rough waters.
2. Adopted child has same rights as a biological child.
Ashish Davessar
Advocate, Jaipur
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The source of 2 lakhs may or may not be mentioned.
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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1.  The witnesses have to sign before the testator after having witnessed the testator signing the will. Thus both have to be present at the same time to witness the testator signing the will.


2.  If there is an executor named in the will, he may be called in by the testator to sign the will for having accepted to execute the will.  This can be attested by the testator. 



3.  A holographic will is a will and testament that has been entirely handwritten and signed by the testator and is legal.. Thus it is very much valid. It has to be totally handwritten by own handwriting. Then you have to date it and sign it at the end. 
T Kalaiselvan
Advocate, Vellore
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1)If my mother survive after me I wanted to give 2 Lakhs to her now how to add the clause?
Simply I need to write it as 'I direct my wife to give 200000 if my mother survive after me'

This may be endorsed as a precondition in the Will  by making a recital to that effect and ensure compliance by the beneficiary  while enforcing the bequest    

                                

2) when I put minor as beneficiary is it mandatory to add a name for guardian or mother becomes natural guardian)

It is always better to name the guardian to the minor beneficiary because father is the natural guardian to the child, mother becomes guardian to the minor after the lifetime of the father.



3) my daughter was legally adopted from orphanage

You can make a mention about this in the will. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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Do I need to mention from where 2 lakh has to be given .... Since I bequeath movable asset to my wife and property to my daughter

By making a mention of source of extracting the amount, the ambiguity if any shall remain cleared. 
T Kalaiselvan
Advocate, Vellore
13894 Answers
127 Consultations
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