A property mentioned in the will by mistake
22-Dec-2023 (In Wills / Trusts Law)
What if in a testator's Will a property is mentioned by mistake that doesn't belong to the testator does that effect the rest of the content of the will. Does that make the Will invalid?
It certainly raises the concern & creates a suspicion in the eyes of Judiciary that the person who made the will on voluntary basis and as per his willingness, how come he did a mistake, even for time being, if we consider, he did this mistake by not verifying the contents of the Will which his lawyer had made, then it certainly gives an opportunity to the persons interested in the property to raise objections over the 'Will' & by challenging it in court that the testator should get his well certified from court & as such, get the probate & then only, dispose off the properties as per the last Certified Will of the Testator. Whatever wrong contained in it, the court will ask the Executor of the Will to rectify it on sworn-affidavit & as such, give time to the concerned parties to raise objections on it or to accept it.
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