Will
minsal
(Querist) 03 August 2013
This query is : Resolved
Dear Experts,
i want to know that what are the mandatory terms for making a Will? i've seen a registered will made by the mother but in the said will she mentioned that whatever movable and immovable properties i am having should be goes to my last son and he will be the executor of my will.(the said lady having four sons and three daughters and except the youngest son all others have objection against the said will that the said will is made by the youngest son and he pressurized the mother to sign the same.)
ajay sethi
(Expert) 03 August 2013
mother can always revoke the will and make a new will . an executor ie youngest son should not be the beneficiary preferably .
will is required to be signed by your mother in presence of 2 witnesses who should also attest the same, contact a local lawyer
Adv Archana Deshmukh
(Expert) 04 August 2013
If your mother wants, she can revoke that earlier will and make a new will.
prabhakar singh
(Expert) 04 August 2013
The requirement of any WILL are that it must be in writing and testator should sign in presence of at least two attesting witnesses and both attesting witness must also sign in presence the testator.
The expression in the WILL "that whatever movable and immovable properties i am having should be goes to my last son and he will be the executor of my will." IS NOT BAD IN LAW.
THe law of WILL is that whenever a WILL is produced before a COURT ,the court should be skeptical and suspicious about it and it's propounder must not only prove existence of valid will but should also wash all doubts by which the will is surrounded to the satisfaction of the court.
You have not told if reasons of choosing youngest and discording other heirs are stated in the will or not.
If not?Then it would prove fatal for your beneficiary brother and a big doubt casted around the will,which would lead to support your case because why a mother discriminated among same class of heirs is a doubt beneficiary need to explain beyond
doubt.
prabhakar singh
(Expert) 04 August 2013
I think when your mother is alive there is no need of query as she can change her Will
till her last breath.
I have talked of the condition where she is dead or not ready to change then wait till will is sought to be probated,the defence you are thinking of is strong.
Rajendra K Goyal
(Expert) 04 August 2013
Well advised by the experts, nothing more to add.
Raj Kumar Makkad
(Expert) 06 August 2013
I also do endorse the advice of the experts.
minsal
(Querist) 07 August 2013
Sirs,
The mother is expired. further as the other brothers said, the mother was unable to read, write and understand the English language and the youngest brother has made this will with his own and the mother may signed the will under the pressure of youngest brother. further the brother has not apply for the probate of the said will.
Raj Kumar Makkad
(Expert) 12 August 2013
In that event, all other legal heirs can go to court seeking setting aside such will which is surrounded with many doubts.
minsal
(Querist) 14 August 2013
Thank you Experts.
