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Validity of notarized will against will on plain paper with signature
18-May-2023 (In Wills / Trusts Law)
My father passed away on March 29th , 2018. In 2017, he made a will on plain paper with his signature and stamp alongwith signature of two witnesses ( neighbors). However, he also made an old notarised will in 2013 which is with my dad's sisters. Will you please guide me on which 'will' will be valid? The new will on the plain paper or old notarized will?
The New 'Will' will be valid which was made in 2017 and the old 'Will' will be not valid which was made in 2013.
The New 'Will' will be valid which was made in 2017 and the old 'Will' will be not valid which was made in 2013.
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Adv. Rashmi Nilesh Parmar
Mumbai | 50+ Answers
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This is my response to you:
1. The new will which is made after complying with all the necessary requirements will be considered;
2. But if the new Will is missing important requisites then the Will is not genuine;
3. If the previous Will was registered then that is genuine;
4. You must engage a lawyer and let him/her analyze both the Wills then accordingly file probate petition.
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Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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Will can only be on even a plain paper, on wall, on floor, even a oral last wish can be treated as a Will.
If on a plain paper signature of your father is true and correct, then his last Will will be his final Will.
It is good that two witnesses signatures are on it, even if signatures of witnesses would not have been their, no issue. No witnesses signatures required for a Will, no need of notarized Will or even no need of a registration before a Registrar.
Any persons can make thousands of Wills, per day, per hour or per minute-second. His/Her last Will is treated as final. Your father's 2017's Will is fully valid legal Will.
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Adv. Sheetal Pawar
Mumbai | 50+ Answers
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