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Ramchander S (Mech Engg)     11 February 2016

Will validity and codicil

Would request some answers by experts.

 

"A" executed an unregistered Will Y in 1989 where he bequeathed House 1 to his son. Will Y also says that with a view to bequeath the “balance’ of properties to his son, he executed Will Y.

 

Will Y further states that A executed another Will X in 1980 wherein he bequeathed some properties to his daughter. Will X is not traceable.

 

It is claimed by A’s son that there is a codicil dated 2005 to Will Y by which A bequeathed House 2 to  A’s wife who in turn gifted it to her son in 2008. A died in 2005. Will Y was registered in 2008.

 

My queries are

  1. Is Will Y technically a will or a codicil?
  2. In the absence of Will X, is Will Y valid?
  3. Since it was stated in Will Y that A made Will X and bequeathed some properties to his daughter and only the balance are being bequeathed to his son, can it be interpreted that all properties till 1989 other than House 1, will go to A’s daughter.
  4. Will Y was presented by A’s son and was registered in 2008. A’s daughter did not attend to the notices issued by the Sub-registrar. 
  5. A’s daughter feels Will Y was attested after the death of A and would like to contest it’s legality. What would be the procedure? 

Thanks in advance.

 


Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     11 February 2016

A codicil is simply an amendment to an existing will. A codicil may involve only changes or deletions to a will, or it may involve major alterations. The original will and the subsequent codicil(s) are interconnected.

A codicil must conform to the same requirements that the original will had conformed to. For example, in most jurisdictions, a valid will must be signed by the testator in front of two witnesses. Therefore, a codicil would likewise have to be signed in the presence of two witnesses.

1 Like

Ramchander S (Mech Engg)     14 February 2016

Would really be thankful if someone can answer the rest of my queries...

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