Serving as a witness to a will is a legal role that conlleva number of important responsibilities and obligations. In India, the Indian Succession Act, 1925 and the Indian Evidence Act, 1872 govern the legal requirements of creating and witnessing a will.
To ensure the validity of a will, the testator (the person making the will) must sign it and have it attested by at least two witnesses. It is crucial that each witness physically observes the testator signing or making their mark on the will, and then signs the will themselves in the testator’s presence.
While the witnesses do not need to be present simultaneously, the law requires that at least one of the attesting witnesses be examined to prove the execution of the will. This highlights the significant role of witnesses in ensuring the legal validity of the will.
If a will is challenged in court, the testimony of an attesting witness becomes paramount. The witness must be able to provide a clear account of the testator signing or marking the will and of their own attestation. If a witness is unable to provide sufficient evidence, it may jeopardize the validity of the will.
Therefore, it is essential for individuals asked to be witnesses to a will to fully understand the legal responsibilities and obligations involved. By fulfilling these responsibilities, witnesses play a crucial role in ensuring the testator’s wishes are carried out according to the law and that the will is legally sound.
