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Can Will be contested if it does not contain witness clause?


02-Apr-2023 (In Wills / Trusts Law)

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?

Answers (1)

Answer #1
481 votes

Will is valid and cannot be contested only for non-completion of formalities till the basic requirements of making a Will are fulfilled.

Yes, the Will can be filed for probate.

Regarding your query about contesting the Will.

It can be anytime contested but it cannot be contested on the ground that you mentioned.

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