Must witnesses know the contents of what they are signing a Will - Probate Lawyer Helpline - 9840802218

A will which is executed in accordance with this Act is validly executed even if a witness to the will did not know that it was a will. Publication of will not requisite - Every will executed in manner herein before required shall be valid without any other publication thereof. 'Publication' means that the witnesses need to know that the document is a will, and is achieved by the testator making a declaration in the presence of the witnesses that the document produced for signing is a will. This requirement was replaced by the requirement that the will be attested by two witnesses. Where a testator signs his or her will in the presence of witnesses, and does indicate the purpose of the document, it is not necessary for the witnesses to know the contents of that will. The law require any knowledge on the part of the witnesses that they are witnessing the signature of the testator to his or her will. In circumstances where the witnesses are not aware that the document is a will, it is assumed that they would be unable to give evidence as to the signatory's testamentary intent. They would merely be able to give evidence that they witnessed the act of signing (devoid of any evidence of intent), and of the perceived state of mind of the testator at that time. Hence the witness whether they knowing or not knowing the contents of the will but must aware that they are subscribing their signature for the will written by the testator. 

The Author K.P.Satish Kumar M.L. is the leading Probate and Will lawyer. You can get free legal advise on Probate and Will to the team Daniel & Daniel @ 9840802218.