Legal Question in Wills and Trusts in India
Witnesses in Will
My father executed a Will, which has been attested by 2 witnesses on same date, though not in presence of each other. However, there is no clause in the Will mentioning that the witnesses were present at the time of execution. The attestation of the 2 witnesses was done separately, but in presence of the executor. However, one of the witnesses has given the affidavit that the attestation of the executor was made in his presence, and the other has given an affidavit that his (the witnesses�) attestation was made in the Will under the oral instructions of the Executor. My question is � Is the Will valid if it does not contain the clause mentioning that the executor attested the Will in presence of the witnesses? Can the Will be admitted for probate? Can anyone contest the Will in absence of the clause for Witnesses even if affidavits are given by the witnesses?
4 Answers from Attorneys
Re: Witnesses in Will
Will is valid and cannot be contested only for non completion of formalities
Re: Witnesses in Will
will will be vaild
Re: Witnesses in Will
Will is valid and legal for all purposes and probate can also be given on said WILL.There is no necessity of any alleged clause nor the WILL is required to be attested by witnesses.
Re: Witnesses in Will
Will stays valid it cannot be contested.
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