Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Arnab (Director)     08 February 2022

Will surname of recipient mismatch issue

Hi,

One of my relatives has passed away recently and in his will, he dedicated his savings to his daughter. 

The surname in the will doesn't quite match the actual surname of the daughter (not due to marriage, but due to a mistake in the will writing).

As a result, the concerned banks are not willing to release the savings to the daughter.

 

Please can i get some advice on how this could be resolved?

Many thanks,



Learning

 6 Replies

H.JanakiManohar Rao (lawyer)     08 February 2022

Ask the bank what are the documents they require to honour the will.The notarised affadvit is enough to the bank to consider and honour the will and release the saving amount.

kavksatyanarayana (subregistrar/supdt.(retired))     08 February 2022

I think it requires court permission.

Anaita Vas   09 February 2022

The most essential thing is to get it correct the first time. If any of the information is inaccurate or incomplete, the will can be simply challenged in court.

Ensure you provide all of your personal information correctly, including your name, address, location, and date. Put in the entire name and relationship of beneficiaries, clearly state the assets, do it in front of two witnesses, and sign it along with the witnesses' names and contact information. The signature is the sole authentic component in a will.

A small error, including a misspelled word, usually does not nullify a will.

You can simply update the will and rectify the spelling error.

 

Regards,

Anaita Vas

Dr J C Vashista (Advocate)     09 February 2022

Contact the branch incharge a sworn affidavit should solve the issue otherwise you will have to file a declaratory suit through a local prudent lawyer. 

G.L.N. Prasad (Retired employee.)     09 February 2022

Generally, the bank accepts a sworn affidavit, and the other documents related to establishing that correct name and relationship is stated in that document. (qualification certificates, old ration card, legal heir certificate).  At the most, they may require indemnity bond execution but can not deny the claim settlement only for that reason alone.  The prescribed format of the claim forms also consists of a guarantee

P. Venu (Advocate)     16 February 2022

Does the Will pertain to Bank accounts alone? Is the daughter the only legal heir?


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