Can a beneficiary be a witness to a will?

Law4u App Download
Answer By law4u team

Yes, a beneficiary can be a witness to a will in India, but it is legally discouraged and can have serious consequences. While the will itself may still be valid, the gift or bequest made to the beneficiary-witness may become void. Legal Position Under Indian Law The Indian Succession Act, 1925 governs wills and their execution. According to Section 67 of the Act: A person who attests (witnesses) a will cannot benefit from it. Any legacy, gift, or bequest made to a witness is void if that person or their spouse has attested the will. However, the will itself is not invalidated because of this. Example: If a father makes a will and leaves property to his daughter, and she also signs the will as a witness: The will remains valid. But the daughter cannot inherit what is left to her in the will because she is an attesting witness. Why This Rule Exists: To prevent fraud, undue influence, or coercion by people who benefit under the will. To ensure independent and impartial witnesses. Best Practice: Choose witnesses who are not beneficiaries and have no direct interest in the will. This ensures the legitimacy of the will and avoids legal disputes later. Summary: A beneficiary can be a witness, but any benefit given to them under the will will be legally void. Therefore, it's strongly recommended to use neutral, non-beneficiary witnesses to ensure the will is enforceable without complications.

Wills & Trusts Related Questions

Discover clear and detailed answers to common questions about Wills & Trusts. Learn about procedures and more in straightforward language.