Original will vs intestate succession

Querist : Anonymous (Querist) 29 November 2023 This query is : Resolved
Hi All,

I am doing a small home work and I need your ideas in answering my question.

If the registered WILL is lost and the beneficiaries (who are legal heirs and also the executor) are aware of its contents, can they mutually choose to follow intestate succession because they feel that the testator has made unequal or unjustified bequeaths and they agree to equally divide properties among the family members?

In other words, under what circumstance, a WILL can be cancelled or rejected by a beneficiary if they feel that other legals heirs (who are not included) should also get benefitted?

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This discussion explores the scenario where a registered Will is lost, but beneficiaries are aware of its contents. They question if they can mutually agree to follow intestate succession due to perceived unfair bequests, essentially wanting to divide the estate equally. While a certified copy of the Will can be obtained, the consensus is that beneficiaries can choose to reject the bequests made in the Will. If all beneficiaries agree to disclaim their inheritance, intestate succession will then apply.

kavksatyanarayana (Expert) 29 November 2023
As the Will is registered, you can get a copy of the Will from the Sub Registrar's office. With a copy of the death certificate of the testator, any person can apply for a copy of the Will.

Sudhir Kumar, Advocate (Expert) 30 November 2023
The will is registered and you can get certified copy.

however you query i different. In this case it appears that you the successors do not want the benefit of will regardless of the proportion who is getting what.

such adjustment is rarely seen in family. In uch a case you need not hunt for the will

Advocate Bhartesh goyal (Expert) 30 November 2023
Certifird copy of registered will can be obtained from Sub Registrar Office.
All the beneficiaries of will should honour the deceased wish and get their respective share in property and thereafter of they feel that deceased propertyshoulf be divided equally later on all legal heirs can settle or make arrangement as per their wish.

T. Kalaiselvan, Advocate (Expert) 01 December 2023
The beneficiary may have a complicated or even painful history with the deceased. In light of this history, the beneficiary may feel unable to take the bequest. A beneficiary may choose to reject a gift but should take time to make the decision and make sure to consult with the executor.
As a disclaimer is the release of a right before it comes into possession the timing is important, and a beneficiary cannot disclaim after accepting a benefit. If a beneficiary is given more than one benefit under a Will he is free to disclaim all or some of the benefits.
If all the beneficiaries of the Will decide to reject the bequest made in the Will, they are at their liberty to do so.
After which the intestate succession opens.

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