Objections that can be raised to challenge the validity of the Will?


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?

 

Answer

 

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.

 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Wills / Trusts Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Wills / Trusts Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Probate of Will

4.6 | 73 ratings
30 Min Intro call + Start to finish help - Filing for Probate of Will through a local experienced advocate
Document Review - Will

4.4 | 122 ratings
Review + 30 Min phone call - Will review by a local experienced advocate
Will at Home

No Ratings
30 Min Intro Call + Start to finish help - Will drafted at home by a local experienced advocate
15 Minutes Wills / Trusts Advice Session by Phone

4.8 | 351 ratings
Legal advice and answers from a local experienced advocate about your Will / Trust issue
Create a Trust

4.8 | 132 ratings
30 Min Intro Call + Start to finish help - Create a Trust through a local experienced advocate
Draft a Will

4.8 | 276 ratings
30 Min Intro Call + Start to finish help - A customised Will drafted by a local experienced advocate
Similar questions

father left a Will where property is in the name of elder son and when he prepared the Will he was not well, how can we challenge the Will…

Read More

Amulya Sevak is enjoying with facebook, instagram, twitter, google plus etc. and is now in the process of registering with the Charity Commissioner, V…

Read More

I bought a property from a person. Now he passed away. Is there any way through which I can find out that the said person left any will or not?…

Read More

I wish to make a Will of my residential property in the name of my wife.But there is a loan outstanding against it. In such circumstances can I make a…

Read More

Talk to a lawyer for your legal issue