N Omprakash 16 May 2023

WILL execution

Sir/s,

Parents of two daughters only have written a Joint and Mutual Will making them beneficiaries of properties.

One daughter is unmarried.

In case of demise of parents and unmarried daughter, how the Will is to be carried out.
Kindly advise.

Thank you

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Quick Summary

This discussion addresses a query about executing a joint Will where two daughters are beneficiaries. If one daughter, particularly an unmarried one, predeceases the parents, the Will's provisions need careful consideration. The advice suggests that the deceased beneficiary's share would typically pass to their legal heirs. If no legal heirs exist, the testator's heirs would then inherit that share.

2 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 16 May 2023

In case but presently not. An academic query.

T. Kalaiselvan, Advocate (Advocate) 17 May 2023

At the time of enforcement of the Will, if one of the beneficiaries is not alive then the bequeath in favor of the deceased beneficiary shall devolve upon its legal heirs.

If there are no legal heirts available then the share of the deceased legal eheir shall devolve on the heirs of the testator