Can legatee under a will be witnesses to a will?
First we shall understand what the word legatee means. The legatee is the beneficiary
under a Will. The dictionary meaning of ‘legatee’ is “Someone who is given money or property after another man dies”.
Section 67 of ‘Indian Succession Act, 1925’ refers to this situation. It clearly states that any bequest or appointment made to a witness or to his or her wife or husband to any persons claiming under either of them void. If the author of the will has bequeathed his assets to many beneficiaries, including the witness or his/her spouse, the Will is valid as to bequeath only to the beneficiaries other than witness and spouse of the witnesses or persons claiming under either of them.
The interesting point is, a legatee may be witness to a codicil confirming the contents of the Will and does not lose his legacy. However, if the codicil has any variations as compared to the original will, the legatee or spouse of witness or persons claiming under either of them are not entitled to legacy.