What if the receipient of the will is not alive?
Yaaros
(Querist) 28 May 2016
This query is : Resolved
During my divorce proceedings, I want to write a will to pass all my assets to my mother after my death, if it happens before getting divorce, and to make sure nothing goes to my wife.
So, if I write a will showing mother as recipient and in worst case both of us dies together what will happen? Will my assets goes to the Heirs of my mother only? or Will it goes to wife and Heirs of my mother as if no will exists?
Kumar Doab
(Expert) 28 May 2016
The Wish/will of the testator is supreme.
You can include in the WILL, that if...........dies..............will get your estate.
If your mother deceases after you, then her legal heirs should benefit.
However if you are alive during the divorce proceedings the judge may consider your estate to decide alimony.
Sale may be one of the options.
You may discuss with your own lawyer.
Ajay Bansal
(Expert) 28 May 2016
If you and your mother die together, then the will in question will be invalid.
Rajendra K Goyal
(Expert) 28 May 2016
The will and its language would be considered, whether it contain any clarification regarding situation if beneficiary predeceased testator.
Hemant Agarwal
(Expert) 29 May 2016
CONSIDER THIS:
1. IF "will-maker" dies .AND. IF the beneficiary (will-receiver) also dies, .AND. IF there are no other legal heirs /claimants THEN the estate will devolve to the State Govt.
2. IF "divorce" is not decreed till date of death of Husband, THEN wife is also a "legal heir / beneficiary /claimant" and is legally entitled to the estate of the "will-maker", after following due procedure of law.
3. However IF the Will-Maker prepares will in favor of mother, and also in favor of a "trust or any other person" with condition that if "mother" expires the estate should devolve to "trust or any other person" THEN trust gets the estate, after death of will-maker and the mother.
SIMPLE SOLUTION:
4. Execute Gift Deed in favor of mother and transfer the estate. Wife gets nothing (subject to certain parameters). Prepare mothers will in your favor. IF mother dies THEN you can operationalise the will at any later date and the Estate comes back to you, as and when you want (subject to certain parameters).
Keep Smiling .... Hemant Agarwal
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