Skip to content

NISM Certifications · NISM-Series-X-B: Investment Adviser (Level 2) · Tools for Estate Planning

Caselet: Mrs. Meera Nair, aged 70, wants her will to be hard to challenge by relatives. Which of the following steps would most strengthen the will against a later challenge?

Signing before two independent witnesses who each sign in her presence, together with a medical certificate of sound mind, best protects the will. These steps meet the attestation requirement and counter allegations of incapacity or undue influence.

  1. AHaving it attested by two witnesses, one of whom is a beneficiary, and keeping it unsigned by her
  2. BSigning it in the presence of two independent witnesses who each sign in her presence, and obtaining a medical certificate of sound mind at the timeCorrect
  3. CKeeping the will secret and not disclosing the existence to anyone
  4. DWriting it on stamp paper of high value

Explanation

A valid will must be signed by the testator and attested by at least two witnesses, each of whom saw the testator sign and signed in her presence. Independent witnesses and a doctor's certificate of sound mind help rebut claims of incapacity or undue influence. A beneficiary witness weakens the gift, and stamp paper value is irrelevant.

Did you get it right without looking?

One question tells you little. A timed set on Tools for Estate Planning shows your real accuracy, how long you take and where you lose marks.

Practise Tools for Estate PlanningFree diagnostic mock

More Tools for Estate Planning questions