Brother made another Will of father when father was mentally ill.


My father made a will in my name for a flat owned by him. He was suffering from Dementia in his last year. He was living during this time with my brother who got a new will made in his favour when my father was ill. I have not seen the new will. What should I do? Also there was another flat in my mother's name which was willed in my father's favour. He willed it in my brother's name without getting it probate. Since both my parents are dead,what should I do since my brother is not willing to give anything to me and has keys of both the flats.

Answers (2)


381 votes

When your father made a Will in your favour with respect to a flat that flat became yours.
Subsequently another Will made in favour of your brother, the said Will will be taken as  the last and final Will of your father and whatever has been recorded will be followed but probate has to be filed before court.

You should have demanded to see the said Will at the death of your father however you and your brother have an equal right to the properties unless he shows something to the contrary.

You may put relatives in between and try taking out the copy so that the truth can come forward.

As per the mothers property Willed in your father's favour he became the owner, subsequent Will favour of your brother with respect to said property could be done through probate and if the same not so done you can challenge the same before court.

Also at that time the fact of your father having dimentia can be raised

241 votes

sir, in your situation a suit for partition appears to be a viable solution. The details and other modalities can be explained through a personal conference with a legal expert. An interim stay would be desirable to preclude your brother from selling / transferring the properties pending the suit


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