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Consequences of son as witness in father's WILL


23-Sep-2023 (In Wills / Trusts Law)
Sirs, 1) I am a Hindu. My father passed away few years back in Mumbai. 2) He has executed a handwritten Will duly signed and dated. I, his son and an independent friend attested it as witnesses. 3) In the will he has bequeathed all his properties, bank a/cs & FDs and other assets only to my mom. Thus, my mom is major beneficiary. 4) Only a vehicle has been bequeathed to me. 5) There is a very high probability of this will being challenged in court. 6) My query to all esteemed lawyers is whether this Will is valid by law and winnable in court? Regards,
Answers (1)

Answer #1
848 votes
Dear Querist,

The essentials of a proper will signed by the executor and attested by two witnesses.
It is advisable that beneficiaries should not be the witnesses in the will.

The chances on proving will varies from case to case.

Regards,
Rakesh V. Misar
Kachwala Misar & Co
Advocates & Solicitors
Mumbai

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