WILL

Querist : Anonymous (Querist) 11 June 2010 This query is : Resolved
Certain properties mentioned in a WILL is altered by a settlement between the parties in a suit by a Decree passed by the Ld. Court later than the WILL date. Can the WILL be enforced for the rest properties?

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B K Raghavendra Rao (Expert) 11 June 2010
If the settlement is arrived at between the parties while the testator is alive, the Will is superseded by the settlement deed to that extent. If the testator is not alive at the time of settlement, then even the court shall not alter the Will. Will after the death of the testator cannot be altered by anybody.

Kiran Kumar (Expert) 12 June 2010
I dont think there can be any alteration if a will have to be probated or executed.

there can be some settlement later after the will is executed...but I dont find any legality in alteration of will by the act of court.

Uma parameswaran (Expert) 13 June 2010
It depends upon the Court Order.

Querist : Anonymous (Querist) 13 June 2010
Well the decree supersedes the Will to the extent of settlement arrived but what about the rest of properties not covered by the Will.Is that partly enforceable as per Will?

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