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Making a Will is one of the most responsible and forward-looking acts a person can undertake. It ensures that one’s assets are distributed according to their wishes and that their family members are spared unnecessary disputes. However, for individuals above 65 years of age, one additional step has become increasingly vital — obtaining a medical fitness certificate at the time of making or executing a Will.

In the Indian legal landscape, the testamentary capacity of a person — i.e., their ability to understand what they are doing and why — is often the focal point of disputes surrounding a Will. A simple medical certificate issued by a registered doctor can serve as conclusive evidence that the testator was of sound mind and body when the Will was executed.

⚖️ Legal Framework Under Indian Law

Under Section 59 of the Indian Succession Act, 1925, a person making a Will (the “testator”) must be:

• Of sound mind, and
• Not a minor.

The section specifically states:

“Every person of sound mind not being a minor may dispose of his property by Will.”

It further clarifies that persons ordinarily insane may make a Will during a lucid interval, and persons intoxicated or ill to the extent of being unable to understand the consequences of their actions cannot validly execute a Will during that time.

This makes it clear that the mental state of the testator at the time of execution is the key determinant of validity. Therefore, for senior citizens — especially those above 65, where cognitive or physical impairments are common — a medical certificate confirming mental and physical fitness acts as powerful corroborative evidence.

🧾 Purpose and Importance of a Medical Fitness Certificate

A Medical Fitness Certificate, issued by a qualified and registered medical practitioner, serves multiple legal and practical purposes:

1. Proves testamentary capacity – It demonstrates that the testator was aware of the nature of the act (making a Will), the extent of their property, and the potential claimants.
2. Counters undue influence – It helps negate allegations that the Will was made under pressure, coercion, or influence by family members or others.
3. Supports probate proceedings – During probate or letters of administration, courts rely heavily on contemporaneous medical evidence, particularly in Wills made by elderly persons.
4. Minimises family disputes – It provides an objective and credible record of the testator’s mental state, discouraging future litigation.

⚖️ Judicial Perspective in India

Indian courts have repeatedly emphasized the importance of proving the testator’s soundness of mind. Some notable judgments include:

• Jaswant Kaur v. Amrit Kaur (1977) 1 SCC 369 – The Supreme Court observed that in cases involving aged or ailing testators, the onus on the propounder to prove due execution and testamentary capacity becomes heavier.
• Rani Purnima Debi v. Kumar Khagendra Narayan Deb (1962) AIR SC 567 – The Court held that evidence of the testator’s mental and physical condition is crucial, particularly when suspicious circumstances exist.
• K. Laxmanan v. Thekkayil Padmini (2009) 1 SCC 354 – The Court reiterated that obtaining medical evidence can strengthen the genuineness of a Will and reduce the burden of proof in court.

In light of these rulings, a medical certificate acts as proactive evidence that helps the propounder (the person presenting the Will for probate) satisfy the court’s scrutiny.

🧑‍⚕️ Practical Aspects of Obtaining the Certificate

When preparing or executing a Will for a person aged 65 or above, it is prudent to follow these best practices:

1. Obtain the certificate on or immediately before the date of execution. The certificate should clearly mention that the testator is of sound mind and capable of understanding the nature and effect of the Will.
2. Preferably, get the doctor to be present at the execution or have the doctor’s certification witnessed by the same attesting witnesses.
3. Retain the doctor’s registration number and seal on the certificate.
4. Keep the certificate annexed with the Will or stored alongside it in safe custody.
5. In high-value or complex estates, it is advisable to record a short video of the testator signing the Will, including the doctor’s statement confirming mental fitness.

🧩 Consequences of Not Having a Medical Certificate

In the absence of such a certificate, the Will’s validity may be challenged on grounds like:

• “The testator was not of sound mind.”
• “The Will was executed under coercion or influence.”
• “The testator lacked understanding of the document.”

Such objections can lead to lengthy probate litigation, emotional distress, and delays in estate distribution. The medical certificate, therefore, functions as preventive legal evidence, ensuring that the testator’s intent is respected without contest.

💼 Role of Professionals

As advisors, Chartered Accountants, lawyers, and estate planners should proactively recommend the inclusion of a medical fitness certificate for elderly clients. It aligns with the principle of due diligence and upholds the integrity of the Will.

Further, professional advisors should ensure:

• The Will is properly attested under Section 63 of the Indian Succession Act, 1925, by two independent witnesses.
• The document is registered under Section 40 of the Registration Act, 1908, to enhance authenticity.
• All signatures, pages, and annexures are clearly marked and dated.

🪶 Conclusion

For individuals aged 65 and above, a Medical Fitness Certificate is not a mere formality — it is a critical safeguard. It strengthens the legal validity of the Will, ensures the testator’s wishes are respected, and protects heirs from avoidable disputes. In an era where family and inheritance conflicts are on the rise, this small but vital step provides long-term peace of mind and legal security.

As professionals, we must encourage every elderly testator to document not just their financial intentions but also their state of mind and body at the time of execution — ensuring their Will stands unchallenged and honored as per their true intent.

✒️ By

Malav C. Sheth, Chartered Accountant
Expert in Taxation, Business Structuring & Estate Planning