Will

Guest (Querist) 28 May 2011 This query is : Resolved
If 'A' makes will in favour of his brother 'B'. Subsequently 'B' dies before the death of 'A'.

1. What will be the fate of will?

2. If after the death of 'B' , 'A' has never executed any other will or cancelled will in her life time then can legal heirs of 'B' take benefit of that will after the death of 'A''?
How far sec105 Indian succession act is applicable?

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Chanchal Nag Chowdhury (Expert) 28 May 2011
1.Void
2.Succession opens at the death of the testator. The legal heirs entitled to the estate of the deceased will follow.

PALNITKAR V.V. (Expert) 28 May 2011
The will becomes redundant and ineffective. Even Sec. 105 makes it clear that the legacy lapses in your case.

Kiran Kumar (Expert) 28 May 2011
both the experts have given an apt advice.

now the succession will come into play as due to death of B the original Will became redundant.

Ravikant Soni (Expert) 29 May 2011
I do agree..

R.Ramachandran (Expert) 29 May 2011
I do agree with the views of all the above experts with a Caveat. If there is any contingency provision made in the WILL as to how the property bequeathed to Mr. "B" will devolve in the event of "B" pre-deceasing, then the property will devolve according to that term in the Will. In the absence of any such provision, the WILL would become ineffective and normal succession provisions (as if "A" died without leaving any WILL) will come into play.

Arun Kumar Bhagat (Expert) 29 May 2011
I agree with the views of Mr. R.Ramachandran.

Bidhan Dave (Expert) 29 May 2011
Will can not be considered as the beneficiary had died.

Legal heirs of B can not take advantaged of will of A in favor of B.

After death of A, all legal heirs will have share in property of A

Kundan Lal Nandwani (Expert) 29 May 2011
will is a document which comes into play only after the death of the person who has executed the same. If the executor of the will is alive and the beneficiary dies , then the LRs of beneficiary will not get any benefit or title because the person in whose faour the will was executed has not become the owner of the property and thus Lrs will also not get any thing. The natural law of succession will apply after the death of the executor if he has not executed any other will. nandwani advocte