Legal Question in Wills and Trusts in India
Indian Succession Act
whether the attesting witness to the will can be a benficiary?
4 Answers from Attorneys
Re: Indian Succession Act
Though as per the existing law there is no bar to the beneficiary to be the witness to the Document. But it always is an aspersation upon him, in the eyes of law. Such cases are always treated with doubt.
Re: Indian Succession Act
there is no such prohibition/bar to the attesting witness that he could not become the beneficiary but in such case it definitly put doubt on the impartiality on the attesting witness.
Re: Indian Succession Act
An attesting witness should never be a beneficiary, since the whole will may be termed as bad. The law does not strictly prohibit, but such wills are very easy to be disbelieved.
Re: Indian Succession Act
dont make a beneficiary attest as witness.
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