Any document for testamentary succession, needs to fulfil certain legal criteria to be recognised as a Will. Depending upon the country, the legal requisites in respect of a valid Will can be different. It is important to know these pre-requisites of a valid Will, as it determines the legal sanctity of the Will.
India
In India, for a will to be valid, the testator must be adult and he/ she shall sign the will when of sound mind. Therefore, a will cannot be signed when drunk, under influence of any medication etc. The Will has to be signed by free consent. Any Will signed by force, under coercion by another person, cannot be considered as signed by free consent.
The will must be written, signed by the testator, and attested by at least two witnesses, who must also sign the will in the presence of the testator. There is no barrier of language.
United Arab Emirates
In UAE, for a will to be valid, it needs to be drafted in the format as provided for in the applicable laws. For Dubai Courts will the registration has to be done in person. Testator should be above 21 years of age. All other persons if named as Executor and/or Guardian under the will, they shall also be above 21 years of age.
In terms of Guardians for girls, only females and/or male blood relatives can be appointed.
Malaysia –
In Malaysia, a Will shall be in written form. It shall name Executor and Beneficiaries. A Will is to be executed (i.e. signed) by the Testator in the presence of at least 2 witnesses and both witnesses shall execute (i.e. sign) at the same time and presence of the said Testator.
Hong Kong –
For a will to be valid in Hong Kong, it must be:
– Written (mostly in the Chinese or English language although it can be in any language)
– Signed by the testator
– Witnessed by two individuals
With contributions of
India –
Adv. Sayali Ganu-Dabake, Founder Partner, LexonomiX
Adv. Mrudul Limaye, Associate, LexonomiX
United Arab Emirates –
Elena Schildgen, Senior Partner Lawyer at Meyer-Reumann & Partners.
Malaysia
Sim Wen Yee, Founder & Managing Partner, Messrs Sim & Rahman
Hong Kong
Elsa Law, Founder & Partner, Messrs. Elsa Law & Co. Solicitors
This is not a legal advice or a case specific legal position. It is a basic broad description of the legal provisions in the respective countries. It may not be exhaustive and complete.
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