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Author Topic: Requirements of a WILL  (Read 714 times)

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Offline durgabalaji343

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Requirements of a WILL
« on: September 06, 2015, 07:22:12 AM »
Hello everyone,

I want to know some points regarding making and implementing a will,
they are 1. is executor should be a legal representative always?
              2. while writing a WILL, is approval from his/her descendants required if the distribution is fair or unfair to the heirs.
              3. by the time come to implement the WILL, if the executor passes away, who has authority to execute the same?
             4. if the beneficiary was passes away before implementation of WILL, then the heirs of beneficiary are eligible for the same or not?
            5.what are the future problems if the WILL was not registered?

Please help me.

Thank you

Offline adv.amarnath

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Re: Requirements of a WILL
« Reply #1 on: September 06, 2015, 11:53:49 AM »
1. You have a wrong conception. Executor can be any person you will act prudently after the demise of Testator.

2. Making a WILL with the approval of descendent is absolutely a crime. WILL is a secret document. No one wish can be taken save and except the testator.

3.There is a provision in Indian Succession Act, that if the executor dies before applying of probate of the Will, the all the heirs of the testator have to take Letter of Administration. It is always suggestible to appoint two executors in the WILL.

4. The heirs of the beneficiary will get it accordingly/ jointly

5.There is no problem/ legal complication of an Unregistered WILL until it is being challenged at the time of grant of probate case by the person who denies the WILL actually executed by the testator. Lots of allegation can be arise which may turn into fatal. To avoid these types of challenge/ objection which will take 10 years to finish, we suggest to register the WILL.

If you are pleased with my reply, please click on APPLAUD just left hand side of this comment.

Amarnath Sanyal
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