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Is getting the doctors certificate necessary for making of will
09-Feb-2023 (In Wills / Trusts Law)
My uncle made a will in 2007 and we also had a doctors certificate made for the same . Now my uncle is suffering from Alzheimer, do we have to make a fresh doctor certificate ?
A WILL is a document whereby a Testator expresses his/her desire as to the disposal of his / her properties after his/her death. It is the declaration of the intention of the person making the WILL with respect to his/her properties, which he/she desires to carried into effect after his/ her death.
Testator should be at least 18 years of age and of sound mind in order to make a WILL. The WILL itself must have directions (without the Testator being forced to give these) for disposal of the Testator's property upon his/her death. After generating the proforma online WILL, it must be signed by the Testator in the presence of at least two person who must also sign as witnesses to the execution of the WILL.
A Testator must be mentally sound when he/she makes and signs a WILL. A Testator must also be free of undue influence, persuasion or force when the WILL is made.
Under law, a Medical Certificate is not compulsory. However, it is advisable to obtain a Medical Certificate from a registered medical practitioner so as to ward off any allegation of unsound mind of the Testator.
Testator should be at least 18 years of age and of sound mind in order to make a WILL. The WILL itself must have directions (without the Testator being forced to give these) for disposal of the Testator's property upon his/her death. After generating the proforma online WILL, it must be signed by the Testator in the presence of at least two person who must also sign as witnesses to the execution of the WILL.
A Testator must be mentally sound when he/she makes and signs a WILL. A Testator must also be free of undue influence, persuasion or force when the WILL is made.
Under law, a Medical Certificate is not compulsory. However, it is advisable to obtain a Medical Certificate from a registered medical practitioner so as to ward off any allegation of unsound mind of the Testator.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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