Legal Validity of a Will

A Will is considered legally valid if it satisfies the essential criteria established by law, irrespective of any additional procedures:

• Written Form: The Will must be documented in writing.
• Testator’s Signature: It is required to be signed by the testator (the individual creating the Will).
• Attestation by Witnesses: The Will must be attested by a minimum of two witnesses, both of whom should have observed the testator sign or place their mark, or have received direct acknowledgment from the testator regarding their signature. The witnesses are required to sign the Will in the presence of the testator.

If these fundamental conditions are fulfilled, the Will is deemed legally valid.

Role of a Notary in a Will

The involvement of a Notary Public in a Will is strictly administrative and does not confer any particular legal benefit:

• Attestation of Signature: The notary simply verifies the identity of the individual signing and the date of execution.
• No Legal Requirement: A Will is not a document that must be registered under the Registration Act, 1908, nor is notarization a necessity.
• Limited Value: A notarized Will holds the same legal standing as an un-notarized one, provided that the essential legal requirements (two witnesses) are met.

Notarized vs. Registered Will

The most significant aspect of a Will’s validity and its defense against challenges lies in the reliability of the two attesting witnesses.

• Neither notarization nor optional registration relieves the executor from the obligation to summon at least one of these attesting witnesses to validate the Will in court (when necessary for probate or to counter a challenge).
• The Supreme Court of India has consistently maintained that the mere official recording of a Will (via registration) does not inherently establish its validity, as the execution must still be substantiated through the witnesses. A notarized Will is subjected to the same scrutiny.

Consequently, the emphasis should always be placed on appropriate attestation by two independent, credible witnesses, rather than on notarization.