About wills and the trust

Deepak (Querist) 17 March 2022 This query is : Resolved
An Application is filed in Civil Court for grant of Heirship Certificate and Succession Certificate for the amount kept in Bank... after proclamation in newspaper an objection is taken on said applications stating that the deceased mother and fathers have written a will and formed an trust to bequeth their property and liquid cash to the trust..

Brief Facts:
1. the applicant is adoptive son of deceased father and mother.
2. both the deceased had taken the applicant in adoption from his real father and mother through a registered adoption deed in registry office in year 1999
3. deceased father was professor in collage and after retirement he started practice as an advocated in local district court.
4. in year 2002, some quarrel had taken place between them and the adoptive son started living separtely since then.
5. in year 2007, the adoptive father filed a suit for declaration of adoption deed as null and void stating that the deed was executed nominally and to permanantly restrain the adoptive son from their property, in this suit, the applicant did lead his evidence, but the court passed the decree in part, i.e. the adoption deed was confirmed as it had presumtion of sec 16 of registration act and restrained permanntly to applicant from their property as it was self acquired property.
6. after this, the adoptive parents of applicant filed an appeal in District Court and the court confirmed the decree of lower court.
7. after that, the adoptive parents have filed a Second Appeal in year 2012 and the same is pending before the High Court.
8. During pendancy of the Second Appeal, the second appealnt i.e. mother died in year 2019 and first appealant i.e father died in year 2021.
9. after the demise of his father the applicant filed an application in civil court for grant of heirship ceritificate.
10. in this application, the trust had taken objection stating that his adoptive father and mother had made an will in their lifetime and in those will deed they bequethed the said property and liquid cash on the name of that trust.
11. the trust also appeared as next friend in second appeal at high court and requested to not to abate the appeal thereto.
12. after taking objection, we enquired that, and found that, since year 2004 right before filing of the suit of declaration and null and void of adoption deed, the deceased father and mother were making wills and later on cancelling the same will deeds stating they do not have any son or daughter or any adoptive son etc. they both made wills in year 2004, 2007 and then in April 2011 and after that in year August 2011.. the will deeds if August 2011 had been filed by objection petitoner in the present application as their last will deeds.
13. in the last will deed they both had stated that they are bequething their properties and cash to a trust they are forming, but at the time of making the will the trust was not in existance, the application for registration of trust was given after making a will only i.e. after 15 days of will deed registration...and it got legal sanction after 5 months of will deed registratration....now the question arises is that is it tenable in the eyes of law..can a will be made on the name of trust which not in existance as per law...?
14. No Medical fitness certificate is attached on will

My Queries..
i) Can Will be made on the name of Trust which was not in existance at the time of registration of Will as per law..? (If not, pls provide me relavant case laws)
ii) Can a Will is tenable without having fitness certificate of certified medical practioner..
iii) The lower court permanantly restrained the applicant from their properties to the applicant, can applicant have rights to enjoy the property after their death, as thier rights are not there anymore after their death..?
iv) what kind of defence will help me out in such case.
v) Can I challange the both will deeds and if yes on what grounds I can challenge both the Will Deeds...?

pls let me know...thanx in advance..!!

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