NISM Certifications · NISM-Series-X-B: Investment Adviser (Level 2) · Basics of Estate Planning
Mr. Khanna wants his will to be proved easily after his death and to reduce the chances of it being challenged. Which of the following is the best advice from an investment adviser?
The best advice is to have the will signed by the testator and attested by at least two witnesses who saw him sign, and to consider registering it. This strengthens proof and lowers the risk of challenge, whereas beneficiary witnesses or oral wills create problems.
- AKeep the will secret from the family and executor so that nobody can influence it
- BHave the will attested by at least two witnesses who see him sign, and consider registering itCorrect
- CHave only a single beneficiary sign as witness to avoid disputes
- DMake an oral will in front of the family since it is equally valid for immovable property
Explanation
A valid will under the Indian Succession Act needs the testator's signature and attestation by at least two witnesses who each saw him sign. Registration, though optional, adds evidentiary strength. A beneficiary acting as witness can lose the benefit under the will, and oral wills for ordinary persons are not recognised for immovable property.
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