cad4567 (NONE) 08 March 2016

Death of a beneficiary of testators will

Hello Members of the forum:

My father has a registered will with my sister and my mother as the beneficiary of the 33% share in the property (16.5% each to my mother and my sister). My father passed away. The will is not probated. My brother has no share in the property and he has been excluded in the will. Now, my sister is showing reluctancy in probating the will as one of the witness is related to my brother-in-law. My mother is old. My mother has a registered will with me as the beneficiary. I am the indirect beneficairy of the 16.5% of the co-owned property with my sister. I am asking a hypothetical question. Say if my mother passes away, what happens to the 16,5% share of my fathers will? Will I inherit it based on the sucession of the wills i.e Dad to mother and mother to son? Or what are the other possibilities? The property in question is in Navi Mumbai.

Thanks in advance for your help.

Regards,

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2 Replies

saravanan s (legal advisor) 08 March 2016

when your mother dies the registered will would come into force and as per the will if the deceased father has been declared a beneficiary with 16.5% share or whatever it is that particular share of him will devolve over his legal heirs

cad4567 (NONE) 08 March 2016

Thank you Saravanan for your reply. My father passed away and my mother is alive. My father has willed his 16.5% property to my mother. My fathers will is not probated.

So in the extreme scenario if my mother dies now (She has her registered will with beneficiary being me). During probate, will the original will of my father with my mother as beneficiary become invalid ?

Is their a succession of wills? (meaning my fathers will give 16.5% to my mother and my mothers will gives 16.5% to me).

Regards,