WIL

AJOY KR. MUKHERJEE (Querist) 19 October 2010 This query is : Resolved
WE ARE 6 SISTERS AND 4 BROTHERS DUE TO ILLNESS OF MY FATHER & MOTHER ONE OF MY BROTHER TAKE THUMB IMPRESSION OF MY MOTHER AND MAKE A WIL IN HIS FAVOUR AND NOW HE DOES NOT WANT DISCLOSE THE SAME TO US WHAT HE ACTUALLY WRITTEN IN THE WIL. AT PRESENT MY MOTHER AND FATHER IS ALIVE. WHAT TO DO NOW TO CANCELL THE SAME OR TO IGNORE THE SAME. WE DON'T KNOW WHETHER THE SAME IS REGISTERED OR NOT. PLEASE HELP US.

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R.Ramachandran (Expert) 19 October 2010
A WILL CAN BE MADE ANY NUMBER OF TIMES. THE WILL THAT WAS WRITTEN AT A LATER POINT OF TIME ONLY WILL BE VALID.
THERE IS NO NEED FOR A WILL TO BE REGISTERED.
IN CASE YOUR FATHER AND MOTHER ARE NOW IN GOOD HEALTH AND MENTAL SOUNDNESS AND ARE IN A POSITION TO MAKE A PROPER WILL, AND ARE READY AND DESIROUS OF MAKING A WILL OF THEIR OWN FREE VOLITION (I.E. WITHOUT ANY INFLUENCE, UNDUE PRESSURE AND COERCION) THEY CAN MAKE A WILL - ATTESTED BY TWO INDEPENDENT WITNESSES (THE BENEFICIARY OF THE WILL CANNOT SIGN AS A WITNESS). IN THE SAME WILL IT CAN BE SAID THAT WHATEVER WILL WAS MADE EARLIER STANDS CANCELLED.
A LAWYER IN YOUR LOCALITY WILL BE IN A POSITION TO DRAFT A WILL.

Devajyoti Barman (Expert) 19 October 2010
Yes. The Will has no application during the life time of the testator. Moreover if they execute another Will then the earlier Will would become inoperative. If your parents are willing they can another Will in whose favour they want so that the earlier one will become infractuous.