There is no legal bar to your wife and mother in law being witnesses to the will
Straight and simple question. My father is making a WILL. I and my sister(who lives in Canada) are the legal heir. Can my wife and mother in law sign as witness? Are there any rules prohibiting my wife from signing as a witness? Regards
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Dear sir,
There is no such rule prohibiting your wife or mother-in-law from signing as witnesses to the will. Thank you,
As long as they both are not the named beneficiaries of the property bequeathed in the Will, their attesting witness signatures are very much legally valid.
Except the beneficiaries any person can be attest a will as witness, including wife mil. More so, they are very proper witnesses. Proceed with execution of will. No registrar is mandatory but if you want to register, no stamp duty is chargeable on registration of will. You can also deposit the will in sealed cover with the Registrar. There is provision for that under law.
- As per law, anyone can be a witness to the signing of a WILL , if he is an adult , and not a blind , and further must not be a beneficiary.
- Further, the said witness should not be a close relative, such as a spouse of a beneficiary
- Hence, your wife cannot be a witness , but mother in law can sign the same.
Hello,
Hi, There is no rules such that wife and mother in law will not become a witness. However, If your sister is alleged that will is fraud and it is obtained by undue influence then it is difficult to prove the same in the Court. It is better and safer you can take a signature of some other person.
They can sign as witness provided if the property is not registered only in you name as your sister may object in future that you misled your father.
G.Rajaganapathy
High Court of Madras
They can but it's better to have some independent witness in the same for transparency. It needs to be registered