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

Ms. Kavita Rao, a 45-year-old executive, wants to ensure that her flat passes to her daughter exactly as she wishes, and she wants the will to be difficult to challenge later. Which practice most improves the defensibility of her will?

Having the will attested by two witnesses who see her sign, and documenting that she is of sound mind, best strengthens it. Attestation is a legal requirement, and evidence of capacity reduces the chance of a successful challenge. Beneficiary witnesses risk losing their bequests.

  1. AMaking the will on plain paper without any witnesses to keep it confidential
  2. BHaving it attested by two witnesses who see her sign, and recording that she is of sound mindCorrect
  3. CAppointing a beneficiary as one of the attesting witnesses
  4. DHanding the original only to the daughter and destroying all other records

Explanation

A valid will must be signed by the testator and attested by at least two witnesses who see the signature. Recording sound mental capacity, for example through a medical certificate, reduces the risk of challenge. A beneficiary acting as witness can jeopardise the bequest to that person, and a will without witnesses is not validly attested.

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