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Q. Witness to Will in India

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Sanjay Chakravarty

posted 1 month ago

question iconWitness to Will in India

I want to get my will witnessed by a married couple, i.e. husband and wife. Is there any restriction that the two witnesses to a will should be unrelated? Or is it ok for both to be a married couple?

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Anik

Anik

Responded 1 month ago

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A.Hi,
There is no such bar. Witnesses should be adults, i.e. above 18 years of age. While choosing the witness you must keep in mind that they should survive you as they may need to testify the Will after your death. Please contact a lawyer for further advice.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Responded 1 month ago

A.Hi,
Generally, a witness is not disqualified merely because he is related to one of the parties by blood or marriage. Witnesses should be adults, i.e. above 18 years of age. While choosing the witness you must keep in mind that they should survive you as they may need to testify the Will after your death.
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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

Responded 1 month ago

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A.If any of them( married couple) is the beneficiary of that Will,then they cannot be the Witness/es of that Will. Atleast one witness of the Will is required to be a Doctor . Please take note that at the time of taking probate of the Will, Witnesses will have to adduce evidence so it is necessary to keep the said fact in mind while selecting the attesting witnesses of that Will.

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