Law of Wills as applicable in each country has its requisites regarding witnesses of Will. Like the rules regarding registration of a will are different, the rules regarding necessity of witnesses is also different.
The witness to a Will is usually considered as the witness to the process of testator’s execution of the will with free consent.
India
Yes, in India, a Will is considered validly executed only when the person has signed the will in front of two witnesses and they have signed in front the testator as well.
United Arab Emirates
The requirement of witnesses differs in UAE depending upon the type of will. While a DIFC Will requires witnesses, an ADJD will does not require witnesses. Dubai Courts will do not have a requirement of witnesses, however a Shariah compliant will needs to have witnesses.
Malaysia –
In Malaysia, at least 2 person are required as witnesses at the time of signing of a will. It is also a condition, that these witnesses shall not be spouse to any beneficiaries named in the Will.
Hong Kong –
Yes, in Hong Kong a will must be signed in the presence of two witnesses who are not beneficiaries and the witnesses must be present at the same time as the testator.
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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