Who Can Be a Witness to a Will?

A witness to a will is someone who observes the testator (the person making the will) sign or affix his/her mark on the document and then signs the will themselves to confirm that they witnessed this act.
Witnesses are crucial because their signatures legally authenticate the execution of the will.

Legal Requirements under the Indian Succession Act, 1925

According to Section 63(c) of the Act:

• A will must be attested by at least two witnesses.

• Each witness must have seen the testator sign the will, or must have received a personal acknowledgment from the testator that it was signed by him.

• Each witness must sign the will in the presence of the testator (though both witnesses need not sign at the same time).

These witnesses confirm that the will was made voluntarily and genuinely by the testator.

Who can become a Witness?

Any competent adult can be a witness, provided they:

1. Are of sound mind;

2. Can understand the nature of the act; and

3. Are capable of giving evidence in court if required.

There is no legal bar on relatives, friends, or associates acting as witnesses. However, to avoid later disputes, it is advisable not to choose beneficiaries (people who will inherit under the will) as witnesses.

Can a Beneficiary Be a Witness?

Yes — but with an important qualification under Section 67 of the Act:
A will attested by a beneficiary (or their spouse) remains valid, but the gift or legacy given to that beneficiary becomes void.
This means the person can still act as a witness, but they lose their right to inherit under that will.