What are the legal obligations of being witness to a friend’s will?

I person been asked to motion arsenic a witnesser for my friend’s will. In this ineligible role, what are the implications and responsibilities that travel with being a witnesser to a will? Are determination circumstantial ineligible obligations oregon requirements that I should beryllium alert of?

—Name withheld connected request

 A volition is an instrumentality of testamentary disposition of spot whereby 1 transfers oregon bequeaths his spot to the named beneficiaries connected his death. At the clip of investigating the volition for its validity, your friend—the testator, shall not beryllium alive. A volition is required to fulfil the requirements nether the applicable provisions of Indian Succession Act, 1925 and the Indian Evidence Act, 1872.

 For this, the testator has to motion his volition and it is mandatory to get it attested by 2 oregon much witnesses, though nary peculiar signifier of attestation is necessary. Besides, each of the attesting witnesses indispensable person seen the testator motion oregon affix his people to the will. Also, each of the attesting witnesses shall motion the volition successful the beingness of the testator. However, the beingness of each witnesses astatine the aforesaid clip is not required.
 

Also read: Why close concern declaration is important

For proving the execution of the will, astatine slightest 1 of the attesting witnesses, who is alive, taxable to the process of court, and susceptible of giving evidence, shall beryllium examined. The instrumentality provides that if a papers is required by instrumentality to beryllium attested, it shall not beryllium utilized arsenic grounds until 1 of the attesting witnesser astatine slightest has been called for the intent of proving its execution, if determination beryllium an attesting witnesser alive.

 If 1 attesting witnesser is examined and helium fails to beryllium the attestation of the will, determination shall beryllium deficiency successful gathering the mandatory requirements of the applicable provisions of the Evidence Act and validity of the volition shall fail.   Therefore, a witnesser has to recognize the value of being a witnesser to the will.

Aradhana Bhansali is partner, Rajani Associates.

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Published: 24 Apr 2024, 08:15 PM IST