Anjalee (LAW student) 10 March 2010

NRI wants to make Will

A man has two self acquired properties out of which one is in aboard and another in India.

He holds a business aboard & has made a general WILL, wherein he has mentioned that only properties that are in aboard will be considered for sucession under that particular Will.

Now he wants to create another WILL exclusively for the property in India.

1. Whether he can make such two separate wills on different dates with different nations for sucession applicable on both Will?

2. Can there be any over-ridding effect on the previous Will due to creation of another Will?

3. Can we combine both Wills. if yes then how....?

4. Should he mention the aboard properties in detail along with the property in India, in Will which he is going to make in India?

Any other issuesn which is missing in this case.

Thanks & Regard,

Anjalee

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1 Replies

Suchitra. S (Advocate) 11 March 2010

Madam,

1. Whether he can make such two separate wills on different dates with different nations for sucession applicable on both Will?

Ans. One cannot make two wills on different dates. But he make additions to the earlier will by attaching a codicil. A codicil is an attachment to the will made earier.

2. Can there be any over-ridding effect on the previous Will due to creation of another Will?

Ans. If one does not make additions through a codicil, then, the later will have overriding effects.

3. Can we combine both Wills. if yes then how....?

Ans. I have answered it already.

4. Should he mention the aboard properties in detail along with the property in India, in Will which he is going to make in India?

Ans. The wordings of a will should be clear and unambiguos. One has to clearly mention about his properties with proper descripttions, wherever they are.