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Kishan Singh   21 December 2021

REGARDING REGISTRATION OF WILL

Can a person made 02 will at the same time and can it should be registered at the same time


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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 December 2021

Only one latest WILL can be registered

Advocate Bhartesh goyal (advocate)     21 December 2021

No, One can not register his two wills same time also only one and last will shall prevail.

Anaita Vas   22 December 2021

The general rule is that a man prepares only one Will at the time of his death. However, for the sake of convenience, a testator may dispose of some properties, e.g. those in one country, by one Will, and those in another country by another Will that means a testator makes a different will for the property located in different geographical locations.

They may be treated as wholly independent of each other unless there is an inter-connection or the incorporation of the one in the other. Hence, concurrent will are two different wills administering with testamentary declarations of a single testator, also known as co-existing wills.

If a person has assets in foreign countries then he/she can have concurrent wills and such wills are legally valid. However, such will must follow the respective country’s law. Also, a person needs to make it crystal clear in the testaments that any subsequent will in another country cannot replace the previous will.

The only challenge a concurrent will faces is that it must be drafted as per the applicable laws of the country. Different jurisdictions may have different laws.

For example, in some countries, a will is not considered to be valid if there are no provisions for child or spouse to inherit the assets or given to Class-2 heirs only. Some countries may require the signatures of more than two witnesses. Hence, it is highly recommended to consult with lawyers having a specialty in property and wills.

Yes, a person can make a concurrent will. In India, if there are multiple Wills written by the same testator for the estates situated in India but in different cities or states, the general rule is that the Last Will can only be taken into consideration.

However, if we say that both the Wills were written on the same date having different properties mentioned, then the beneficiaries have to enforce both together through court, whereas the court after hearing both the cases together may conclude the decision based on one Will only.

Wills in India are governed by the Indian Succession Act, 1925 and there are no provisions that explicitly deal with the formation of concurrent wills or multiple wills. If there is more than one will that is executed on different days then the will with the latest or last date is considered valid.

It is always advised that a person should make one will that includes all the movable and immovable properties to prevent any confusion.  If the person wants to make a will for separate properties with different executors and beneficiaries, then he or she can make demarcations in the same will and there is no requirement of separate wills.

The testator can amend the will any number of times he wants till the date he’s alive. The will cannot be executed before the death of the testator. Therefore, no law makes the execution of concurrent wills illegal if they are made on the same dates.

 

Regards,

Anaita Vas


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