Fresh Will made in Italy and duly registered is it valid in India
09-Jan-2023 (In Wills / Trusts Law)
A company incorporated under the Companies Act, 1956 in Sep. 2000 with its registered office in Mumbai, was initially incorporated as a family concern comprising of four shareholders, a couple and their two daughters. The couple jointly executed a will in March 2008 in Mumbai wherein it was stated that in the event of either spouse's death, the other spouse was entitled absolute right, title and interest in all movable and immovable properties. After the death of the parents, the above mentioned rights shifted to their daughters in equal shares. The parents after some time moved to Italy where they opened a wine estate. There, in January 2011, his wife died. On 25 April, 2011, he executed a will bequeathing his entire estate to his younger daughter to the exclusion of the elder daughter. The will was duly apostilled in Italy and registered with the Indian embassy. On 22 June, 2011 he passed away in Italy. Was his second will executable?
there are alot of things which are to be seen here. Treaty between India and Italy. the Will which has been registered by the Indian Embassy? you can file for probate of the Will in the court -The court process by which a Will is proved valid or invalid. The legal process wherein the estate of a decedent is administered. When a person dies, his or her estate must go through probate, which is a process overseen by a probate court.
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