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Srinivas (Partner)     17 August 2017

Will

Hello Experts,

There are 5 items in a hand written wittnessed WILL made in 2016.

In 2017 1 item got disposed.

Question: Does the WILL is valid for other 4 items?

Many Thanks.



Learning

 9 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     17 August 2017

please give details about items and it got disposed.

Siddharth Srivastava (Advocate)     17 August 2017

As such it is valid but it is better that a fresh WILL is to be executed in order to avoid complicity.

Kumar Doab (FIN)     17 August 2017

Was the testator alive after signing the WILL in 2016?

Did testator himself/herself dispose 1 item out of 5 in 2017?

Srinivas (Partner)     17 August 2017

Yes testator is still alive and disposed  5 (property) by himself/herself. 

Question: Is the 2016 WILL still valid for other 4 properties?

Question : Hand written WILL can be registered. I mean the same paper?

Kumar Doab (FIN)     17 August 2017

The testator can apear before registering authortiy and can register the WILL...

Raveena Kataria (Advocate )     17 August 2017

Hi, as suggested above, I think it would be prudent if a new will of the remaining items in question is drafted, and freshly attested and notarized in order to avoid future complications.

Kumar Doab (FIN)     18 August 2017

Handwritten WILL can fetch better reliance as far as authenticity is concerned.

Registered WILL is not easily set aside atleast on the counts of authenticity.....................after all testator and witnesses appear in person before registering authority.............

The WILL may operate on residual estate/property narrated in WILL.

Registering a new WILL, duly narrating previous WILL being cancelled, and current WILL being latest/last as on date, is certainly the best option...............

 

Srinivas (Partner)     18 August 2017

Thank you very much Mr. Kumar, Raveena and Sidharth. Your input will be of great help.

Kumar Doab (FIN)     18 August 2017

You are welcome.


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