My father, 72 years old, is suffering from a degenerative eye disorder for the last 10 years. He is completely blind in one eye. He wants to make a will but does not want a lawyer to draft it. He is afraid that they might take advantage of his poor eyesight. We have tried allaying his suspicion but he is indignant. Is there any provision for a will being drafted under invigilation? Can officers of the law supervise the whole process?

Aditya Menon,
S.R. Das Road,
Calcutta 700029

There is no provision for executing a will under the supervision of the court. A lawyer is technically an officer of the court and he is accountable for every action he takes. If he commits any breach of trust, then he is subject to the scrutiny of the Bar Council. If proved wrong, he might even get expelled from the Council and lose his right to practice. Therefore, you have to persuade your father to consult a lawyer. If your father is unable to sign, then his thumb impression can be used after being verified by the lawyer. The attesting witnesses need to sign after that. At the time of probate, the witnesses as well as the lawyer need to present. The veracity of the statement would be subject to the scrutiny of the court.

You can also register the will before the registrar of assurances and in such case, your desire of having a supervising officer can be fulfilled.