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Ajit (Business)     05 June 2014

Suicide note as valid will

My brother committed suicide, due to his wife's relationship with another person, leaving 12 pages suicide note detailing her character. In his suicide note, he wants all his bank balance and assets to be given to his 3 years old boy child, nothing should go for his wife. Can the suicide note be considered as a valid will, so that his last wish comes true. Legal heirs are mother, wife and boy child.

Please advise.

Thanks & Regards,

Ajit



Learning

 12 Replies

Adv Archana Deshmukh (Practicing Advocate)     05 June 2014

No.... a suicide note cannot be treated as a Will because a Will in order to be valid requires that the signature of the testator should be attested by 2 witnesses. As it is not possible in case of a suicide note, it cannot be legally treated as a Will.

2 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     05 June 2014

But if the suicide note is a man-scriptttt from top to bottom with the signature of the deceased person who have written then it is a valid will. No need of any signature of witness.

 

Please file FIR U/S 306 IPC. Abetment of suicide. on her immediately and flassh it to the media.

1 Like

(Guest)

Well advised my Expert Mr.Shatyaprakash Bani.Even if it is not going to be treated as Will it could be treated as the Decision of the deceased.The wife being the Sole Cause for Suiside she could be booked by police.Consult a Lawyer in Criminal Side locally.

1 Like

Adv. Chandrasekhar (Advocate)     05 June 2014

Adv. Archana is absolutely correct.  Even holograph wills require to be signed by the testator in the presence of two witnesses and those two have to sign it in the presence of testator. 

1 Like

Ajit (Business)     06 June 2014

Thanks for the advise. The suicide note is confirmed by FSL as genuine. There is no signature in the suicide note.

1) Will court consider the wishes mentioned in the suicide note and not giving her the percentage of his assets?

2) If court grants all the assets to child, is there any way to block her from accessing the assets in the name of child, even the bank interest?

Thanks & Regards,

Ajit

Adv Archana Deshmukh (Practicing Advocate)     06 June 2014

The genuineness of the suicide note will only indicate the 'wish' of the deceased, but it cannot be legally accepted as a 'Will' by the court so as to oust the legally wedded wife from succession. At the most, the heirs can decide mutually to give away their shares in the property in favor of the child to respect the wishes of the deceased. But this wish has no legal force and is not binding upon any legal heir. The court will have to give the wife her legitimate share if she claims.

1 Like

Ajit (Business)     06 June 2014

Thanks Archanaji,

Is there a way not to give her the claim, not allowing her to avail even bank interest of child's share, if the illicit conduct is proved in court?

N.K.Assumi (Advocate)     07 June 2014

Nicely explained by Adv  Archana. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     09 June 2014

I go with the views expressed by learned Advocate Ms. Archana.  The suicide note cannot become a Will though the desire expressed by the deceased before his death may be genuine and it was his actual wish due to his wife's infidelity.  The property (moveable/immoveable) left behind by the deceased will be considered intestate to be shared by all his legal heirs which includes his mother too, if she is alive.  If his son is minor and his wife is a suspect/accused into the death of the deceased, the minor's grandparents may apply for guardianship certificate through a court of law to act act as the guardian for the minor to take care of his share in the property despite the mother being a natural guardian.  You may contact a well conversant advocate in the local and seek his advise for handling this issue.

1 Like

Ajit (Business)     09 July 2014

Couple of difficulties more....


My mother is the nominee for my late brother's company insurance. His wife contacted the insurance company requesting her and son's parts. Insurance company asked her to produce "Prohibitory order" within 3 months time to grant her the 2/3rd (copy of the letter given to her is given to my mother also by insurance company).

1) Definition of "estate of deceased"

2)  Prohibitory order

3) Is it possible to avoid the nominee and grant the insurance amount?


4) Insurance amount is not hard earned money (my view, please forgive me if I'm wrong), so will it come under assets of deceased person.

Please advise.

 

Thanks & Regards,

Ajit

T. Kalaiselvan, Advocate (Advocate)     09 July 2014

Estate of deceased, is whatever property that stood on the name of the deceased prior to his death;

An order from a court of law restricting the insurance company to make claim amount accordingly is what is meant by prohibitory order here.

 

Once there is a valid nomination to the policy moneys of deceased, the insurance company cannot settle the policy claim amount to a third person on their own.

 

What do you mean by hard earned money, the insurance policy was purchased out of hard earned money only for the safety and security of future of the insurer as well his dependent heirs.  Do not be under any such wrong impression.

1 Like

Ajit (Business)     09 July 2014

Advocat ji,


Thanks for the clarifications. Couple of concerns more:

 

1) What other assets come under "estate of deceased" other than property? eg: bank accounts, insurance, car, motorcycle, desktop pc etc?

 

2) If the Insurance company (corporate insurance) cannot settle the policy on their own, what will be the purpose of  "prohibitory order" they requested?

 

Please advise.

Thanks & Regards,

Ajit


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