LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shashikant (Self employed)     06 August 2014

Query regarding will document

Brief: Husband has prepared a WILL and same has been registered. He has mentioned some Fixed Deposits in his will.

Question:

1. Before husband dies, can he withdraw the amount invested in Fixed Deposits, which are mentioned in the WILL?

2. Is it not necessary for a husband to mention his family background and about his own wife?



Learning

 4 Replies


(Guest)

Brief: Husband has prepared a WILL and same has been registered. He has mentioned some Fixed Deposits in his will.

Question:

1. Before husband dies, can he withdraw the amount invested in Fixed Deposits, which are mentioned in the WILL?

 

Opinion: Yes
 

2. Is it not necessary for a husband to mention his family background and about his own wife?

 

Opinion: Not necessary, the beneficiaries details must be mandatory and the conditions should be there for such will to be enforced.

 


C Nadarajan (Advocate)     07 August 2014

1. He has got right to withdraw the same.

2.  It is better to mention the necessity for which he is executing Will and mentioning of family background and abut his own to avoid ambiquity and help the purposed beneficiary in later stage.

T. Kalaiselvan, Advocate (Advocate)     09 August 2014

The very word Will defined as "at free will", thus even though the Will is registered, the executor has got full rights to revoke or alter and cancel the Will in toto. He can very well withdraw the entire FD amount , and he does not have to assign any reason or background for this. so please be informed that this is not only applicable to husbands alone even for wives and for that matter to any individual of sound mind.

Shashikant (Self employed)     17 August 2014

Just another query -
(Brief)
There are some postal certificates and FD's which are en-cashed by the testator before registration of the WILL, but testator had mentioned the receipt nos of these Fd's and receipts in his WILL. Also there are some FD's which are en-cashed by the testator after registration of the WILL. (This is testator's last WILL)

  1. Whether testator can en-cash the FD's which are mentioned in the WILL, after registration?
  2. Whether it is necessary for the testator to register the changes in the property by way of Codicil because the WILL has been already registered? if Yes then under which section?
  3. FD's which are en-cashed before making the WILL are also mentioned in the WILL? Whether testator can mention such en-cashed FD nos in his WILL? If Yes then under what section?
  4. While mentioning the FD's in his WILL, testator has mentioned only FD' No and Bank name but not the specific details about the Bank place, branch and tenure. Is it necessary for the testator to mention the specific details about these FD's? if yes then under which section?
  5. Testator has mentioned about certain Gold Jwellary, ornaments but had not mentioned about the place where it has been kept. Is it necessary for the testator to mention the place where these ornaments had been kept? if Yes then under what section?

  6. Testator has mentioned in his WILL that he had received some amount by arrears and he mentioned specifically in his WILL that he intend to deposit 3,50,000/-  in the Bank. But the specific details about this amount has not been mentioned by the testator with the help of Codicil. So is it necessary for the testator to mention the specific details of this amount by way of Codicil? if Yes then under what section?

  7. The sole executor mentioned in the WILL is in very critical now by health. Even though is it possible for the beneficiary to file the petition for Probate of a Will? if Yest then under which section?

  8. Whether the enclosures has to be mentioned in the WILL?
     

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query