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Objections that can be raised to challenge the validity of the Will?
19-Nov-2023 (In Wills / Trusts Law)
Can the person who writes the Will be one of the witnesses to the Will as well? We are challenging a Will on the fact that the person who was writing the Will is one of the two witnesses to the Will. Is it a valid objection?
If not, what other objection can be raised in such a Will?
The person who makes the Will is known as the Testator. There is no requirement in law to get a Will registered.
A person who makes the Will cannot be a witness to it. The witnesses can be anyone other than the testator. No person can authenticate his own doings. It is clarified that one who scribes the Will can also be witness to the Will but there is no bar for the same. There is difference in the Testator and the one who scribes a Will.
You can verify testator's signature, date of making the Will and whether on that date testator was medically fit to make that Will or not.
You can also challenge the Will by showing the Will was procured by fraud, forgery or by undue influence.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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